Illinois General Assembly - Full Text of HB0381
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Full Text of HB0381  102nd General Assembly

HB0381enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0381 EnrolledLRB102 05124 RPS 15145 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 3-110.12 and 4-108 as follows:
 
6    (40 ILCS 5/3-110.12)
7    Sec. 3-110.12. Transfer to Article 4 fund.
8    (a) At any time during the 6 months following the
9effective date of this Section, an active member of an Article
104 firefighters' pension fund may apply for transfer to that
11fund of up to 6 years of his or her creditable service
12accumulated in the police pension fund under this Article that
13is administered by the same unit of local government if that
14active member was not subject to disciplinary action when he
15or she terminated employment with that police department. The
16creditable service shall be transferred upon payment by the
17police pension fund to the Article 4 fund of an amount equal
18to:
19        (1) the amounts accumulated to the credit of the
20    applicant on the books of the fund on the date of transfer
21    for the service to be transferred; and
22        (2) employer contributions in an amount equal to the
23    amount determined under item (1); and

 

 

HB0381 Enrolled- 2 -LRB102 05124 RPS 15145 b

1        (3) any interest paid by the applicant in order to
2    reinstate service.
3    Participation in the police pension fund with respect to
4the transferred creditable service shall terminate on the date
5of transfer.
6    (a-5) At any time during the 6 months following the
7effective date of this amendatory Act of the 102nd General
8Assembly, an active member of an Article 4 firefighters'
9pension fund may apply for transfer to that fund of up to 8
10years of his or her creditable service accumulated in a police
11pension fund under this Article that is administered by a unit
12of local government if that active member was not subject to
13disciplinary action when he or she terminated employment with
14that police department. The creditable service shall be
15transferred upon payment by the police pension fund to the
16Article 4 fund of an amount equal to:
17        (1) the amounts accumulated to the credit of the
18    applicant on the books of the fund on the date of transfer
19    for the service to be transferred; and
20        (2) employer contributions in an amount equal to the
21    amount determined under item (1); and
22        (3) any interest paid by the applicant in order to
23    reinstate service.
24    Participation in the police pension fund with respect to
25the transferred creditable service shall terminate on the date
26of transfer.

 

 

HB0381 Enrolled- 3 -LRB102 05124 RPS 15145 b

1    (b) At the time of applying for transfer of creditable
2service under this Section, an active member of an Article 4
3firefighters' pension fund may, for the purpose of that
4transfer, reinstate creditable service that was terminated by
5receipt of a refund, by payment to the police pension fund of
6the amount of the refund with interest thereon at the rate of
76% per year, compounded annually, from the date of the refund
8to the date of payment.
9(Source: P.A. 100-544, eff. 11-8-17.)
 
10    (40 ILCS 5/4-108)  (from Ch. 108 1/2, par. 4-108)
11    Sec. 4-108. Creditable service.
12    (a) Creditable service is the time served as a firefighter
13of a municipality. In computing creditable service, furloughs
14and leaves of absence without pay exceeding 30 days in any one
15year shall not be counted, but leaves of absence for illness or
16accident regardless of length, and periods of disability for
17which a firefighter received no disability pension payments
18under this Article, shall be counted.
19    (b) Furloughs and leaves of absence of 30 days or less in
20any one year may be counted as creditable service, if the
21firefighter makes the contribution to the fund that would have
22been required had he or she not been on furlough or leave of
23absence. To qualify for this creditable service, the
24firefighter must pay the required contributions to the fund
25not more than 90 days subsequent to the termination of the

 

 

HB0381 Enrolled- 4 -LRB102 05124 RPS 15145 b

1furlough or leave of absence, to the extent that the
2municipality has not made such contribution on his or her
3behalf.
4    (c) Creditable service includes:
5        (1) Service in the military, naval or air forces of
6    the United States entered upon when the person was an
7    active firefighter, provided that, upon applying for a
8    permanent pension, and in accordance with the rules of the
9    board the firefighter pays into the fund the amount that
10    would have been contributed had he or she been a regular
11    contributor during such period of service, if and to the
12    extent that the municipality which the firefighter served
13    made no such contributions in his or her behalf. The total
14    amount of such creditable service shall not exceed 5
15    years, except that any firefighter who on July 1, 1973 had
16    more than 5 years of such creditable service shall receive
17    the total amount thereof as of that date.
18        (1.5) Up to 24 months of service in the military,
19    naval, or air forces of the United States that was served
20    prior to employment by a municipality or fire protection
21    district as a firefighter. To receive the credit for the
22    military service prior to the employment as a firefighter,
23    the firefighter must apply in writing to the fund and must
24    make contributions to the fund equal to (i) the employee
25    contributions that would have been required had the
26    service been rendered as a member, plus (ii) an amount

 

 

HB0381 Enrolled- 5 -LRB102 05124 RPS 15145 b

1    determined by the fund to be equal to the employer's
2    normal cost of the benefits accrued for that military
3    service, plus (iii) interest at the actuarially assumed
4    rate provided by the Department of Financial and
5    Professional Regulation, compounded annually from the
6    first date of membership in the fund to the date of payment
7    on items (i) and (ii). The changes to this paragraph (1.5)
8    by this amendatory Act of the 95th General Assembly apply
9    only to participating employees in service on or after its
10    effective date.
11        (2) Service prior to July 1, 1976 by a firefighter
12    initially excluded from participation by reason of age who
13    elected to participate and paid the required contributions
14    for such service.
15        (3) Up to 8 years of service by a firefighter as an
16    officer in a statewide firefighters' association when he
17    is on a leave of absence from a municipality's payroll,
18    provided that (i) the firefighter has at least 10 years of
19    creditable service as an active firefighter, (ii) the
20    firefighter contributes to the fund the amount that he
21    would have contributed had he remained an active member of
22    the fund, (iii) the employee or statewide firefighter
23    association contributes to the fund an amount equal to the
24    employer's required contribution as determined by the
25    board, and (iv) for all leaves of absence under this
26    subdivision (3), including those beginning before the

 

 

HB0381 Enrolled- 6 -LRB102 05124 RPS 15145 b

1    effective date of this amendatory Act of the 97th General
2    Assembly, the firefighter continues to remain in sworn
3    status, subject to the professional standards of the
4    public employer or those terms established in statute.
5        (4) Time spent as an on-call fireman for a
6    municipality, calculated at the rate of one year of
7    creditable service for each 5 years of time spent as an
8    on-call fireman, provided that (i) the firefighter has at
9    least 18 years of creditable service as an active
10    firefighter, (ii) the firefighter spent at least 14 years
11    as an on-call firefighter for the municipality, (iii) the
12    firefighter applies for such creditable service within 30
13    days after the effective date of this amendatory Act of
14    1989, (iv) the firefighter contributes to the Fund an
15    amount representing employee contributions for the number
16    of years of creditable service granted under this
17    subdivision (4), based on the salary and contribution rate
18    in effect for the firefighter at the date of entry into the
19    Fund, to be determined by the board, and (v) not more than
20    3 years of creditable service may be granted under this
21    subdivision (4).
22        Except as provided in Section 4-108.5, creditable
23    service shall not include time spent as a volunteer
24    firefighter, whether or not any compensation was received
25    therefor. The change made in this Section by Public Act
26    83-0463 is intended to be a restatement and clarification

 

 

HB0381 Enrolled- 7 -LRB102 05124 RPS 15145 b

1    of existing law, and does not imply that creditable
2    service was previously allowed under this Article for time
3    spent as a volunteer firefighter.
4        (5) Time served between July 1, 1976 and July 1, 1988
5    in the position of protective inspection officer or
6    administrative assistant for fire services, for a
7    municipality with a population under 10,000 that is
8    located in a county with a population over 3,000,000 and
9    that maintains a firefighters' pension fund under this
10    Article, if the position included firefighting duties,
11    notwithstanding that the person may not have held an
12    appointment as a firefighter, provided that application is
13    made to the pension fund within 30 days after the
14    effective date of this amendatory Act of 1991, and the
15    corresponding contributions are paid for the number of
16    years of service granted, based upon the salary and
17    contribution rate in effect for the firefighter at the
18    date of entry into the pension fund, as determined by the
19    Board.
20        (6) Service before becoming a participant by a
21    firefighter initially excluded from participation by
22    reason of age who becomes a participant under the
23    amendment to Section 4-107 made by this amendatory Act of
24    1993 and pays the required contributions for such service.
25        (7) Up to 3 years of time during which the firefighter
26    receives a disability pension under Section 4-110,

 

 

HB0381 Enrolled- 8 -LRB102 05124 RPS 15145 b

1    4-110.1, or 4-111, provided that (i) the firefighter
2    returns to active service after the disability for a
3    period at least equal to the period for which credit is to
4    be established and (ii) the firefighter makes
5    contributions to the fund based on the rates specified in
6    Section 4-118.1 and the salary upon which the disability
7    pension is based. These contributions may be paid at any
8    time prior to the commencement of a retirement pension.
9    The firefighter may, but need not, elect to have the
10    contributions deducted from the disability pension or to
11    pay them in installments on a schedule approved by the
12    board. If not deducted from the disability pension, the
13    contributions shall include interest at the rate of 6% per
14    year, compounded annually, from the date for which service
15    credit is being established to the date of payment. If
16    contributions are paid under this subdivision (c)(7) in
17    excess of those needed to establish the credit, the excess
18    shall be refunded. This subdivision (c)(7) applies to
19    persons receiving a disability pension under Section
20    4-110, 4-110.1, or 4-111 on the effective date of this
21    amendatory Act of the 91st General Assembly, as well as
22    persons who begin to receive such a disability pension
23    after that date.
24        (8) Up to 6 years of service as a police officer and
25    participant in an Article 3 police pension fund
26    administered by the unit of local government that employs

 

 

HB0381 Enrolled- 9 -LRB102 05124 RPS 15145 b

1    the firefighter under this Article, provided that the
2    service has been transferred to, and the required payment
3    received by, the Article 4 fund in accordance with
4    subsection (a) of Section 3-110.12 of this Code.
5        (9) Up to 8 years of service as a police officer and
6    participant in an Article 3 police pension fund
7    administered by a unit of local government, provided that
8    the service has been transferred to, and the required
9    payment received by, the Article 4 fund in accordance with
10    subsection (a-5) of Section 3-110.12 of this Code.
11(Source: P.A. 100-544, eff. 11-8-17.)
 
12    Section 90. The State Mandates Act is amended by adding
13Section 8.45 as follows:
 
14    (30 ILCS 805/8.45 new)
15    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
168 of this Act, no reimbursement by the State is required for
17the implementation of any mandate created by this amendatory
18Act of the 102nd General Assembly.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.