Full Text of SB0958 93rd General Assembly
SB0958ham001 93RD GENERAL ASSEMBLY
|
Rep. Michael J. Madigan
Filed: 11/9/2004
|
|
09300SB0958ham001 |
|
LRB093 03253 LRD 54032 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 958
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 958 by replacing | 3 |
| the title with the following:
| 4 |
| "AN ACT concerning public employee benefits."; and | 5 |
| by replacing everything after the enacting clause with the | 6 |
| following:
| 7 |
| "Section 5. The Illinois Pension Code is amended by | 8 |
| changing Sections 4-109.3, 4-110, 4-110.1, 4-111, and 4-114 as | 9 |
| follows: | 10 |
| (40 ILCS 5/4-109.3)
| 11 |
| Sec. 4-109.3. Employee creditable service.
| 12 |
| (a) As used in this Section:
| 13 |
| "Final monthly salary" means the monthly salary attached to | 14 |
| the rank held by
the firefighter at the time of his or her last | 15 |
| withdrawal from service under a
particular pension fund.
| 16 |
| "Last pension fund" means the pension fund in which the | 17 |
| firefighter was
participating at the time of his or her last | 18 |
| withdrawal from service.
| 19 |
| (b) The benefits provided under this Section are available | 20 |
| only to a
firefighter who:
| 21 |
| (1) is a firefighter at the time of withdrawal from the | 22 |
| last
pension fund and for at least the final 3 years of | 23 |
| employment prior to that
withdrawal;
|
|
|
|
09300SB0958ham001 |
- 2 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| (2) has established service credit with at least one | 2 |
| pension fund
established under this Article other than the | 3 |
| last pension fund;
| 4 |
| (3) has a total of at least 20 years of service under | 5 |
| the various
pension funds established under this Article | 6 |
| and has attained age 50; and
| 7 |
| (4) is in service on or after the effective date of | 8 |
| this amendatory Act of
the 93rd General Assembly.
| 9 |
| (c) A firefighter who is eligible for benefits under this | 10 |
| Section may elect
to receive a retirement pension from each | 11 |
| pension fund under this Article in
which the firefighter has at | 12 |
| least one year of service credit but has not received a refund | 13 |
| under Section 4-116 (unless the firefighter repays that refund | 14 |
| under subsection (g)) or subsection (c) of Section 4-118.1, by | 15 |
| applying in
writing and paying the contribution required under | 16 |
| subsection (i).
| 17 |
| (d) From each such pension fund other than the last pension | 18 |
| fund, in lieu
of any retirement pension otherwise payable under | 19 |
| this Article, a firefighter
to whom this Section applies may | 20 |
| elect to receive a monthly pension of 1/12th
of 2.5% of his or | 21 |
| her final monthly salary under that fund for each month of
| 22 |
| service in that fund, subject to a maximum of 75% of that final | 23 |
| monthly salary.
| 24 |
| (e) From the last pension fund, in lieu of any retirement | 25 |
| pension otherwise
payable under this Article, a firefighter to | 26 |
| whom this Section applies may
elect to receive a monthly | 27 |
| pension calculated as follows:
| 28 |
| The last pension fund shall calculate the retirement | 29 |
| pension that
would be payable to the firefighter under | 30 |
| subsection (a) of Section 4-109 as if he
or she had
| 31 |
| participated in that last pension fund during his or her entire | 32 |
| period of
service under all pension funds established under | 33 |
| this Article (excluding any period of service for which the | 34 |
| firefighter has received a refund under Section 4-116, unless |
|
|
|
09300SB0958ham001 |
- 3 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| the firefighter repays that refund under subsection (g), or for | 2 |
| which the firefighter has received a refund under subsection | 3 |
| (c) of Section 4-118.1).
From this hypothetical pension there | 4 |
| shall be subtracted the original amounts
of the retirement | 5 |
| pensions payable to the firefighter by all other pension
funds | 6 |
| under subsection (d). The remainder is the retirement pension | 7 |
| payable
to the firefighter by the last pension fund under this | 8 |
| subsection (e).
| 9 |
| (f) Pensions elected under this Section shall be subject to | 10 |
| increases as
provided in subsection (d) of Section 4-109.1.
| 11 |
| (g) A current firefighter may reinstate creditable service | 12 |
| in a
pension fund established under this Article that was | 13 |
| terminated upon receipt of
a refund, by payment to that pension | 14 |
| fund of the amount of the refund together
with interest thereon | 15 |
| at the rate of 6% per year, compounded annually, from the
date | 16 |
| of the refund to the date of payment. A repayment of a refund | 17 |
| under this
Section may be made in equal installments over a | 18 |
| period of up to 10 years, but
must be paid in full prior to | 19 |
| retirement.
| 20 |
| (h) As a condition of being eligible for the benefits | 21 |
| provided in this Section, a person who is hired to a position | 22 |
| as a firefighter on or after July 1, 2004
the effective date of | 23 |
| this amendatory Act of the
93rd General Assembly, a firefighter | 24 |
| must , within 21 months after being hired, notify
the new | 25 |
| employer, all of his or her previous employers under this | 26 |
| Article, and
the Public Pension Division of the Division
| 27 |
| Department of Insurance of the Department of Financial and | 28 |
| Professional Regulation , within one year of
being hired, of his | 29 |
| or her intent to receive the benefits provided under this | 30 |
| Section
all periods of service of at
least one year under a | 31 |
| pension fund established under this Article .
| 32 |
| (i) In order to receive a pension under this Section or an | 33 |
| occupational disease disability pension for which he or she | 34 |
| becomes eligible due to the application of subsection (m) of |
|
|
|
09300SB0958ham001 |
- 4 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| this Section, a firefighter must
pay to each pension fund from | 2 |
| which he or she has elected to receive a pension under this | 3 |
| Section a contribution equal to 1/12th of 1% of
monthly salary | 4 |
| for each month of service credit that the firefighter has in
| 5 |
| that fund (other than service credit for which the firefighter | 6 |
| has already
paid the additional contribution required under | 7 |
| subsection (c) of Section
4-118.1), together with interest | 8 |
| thereon at the rate of 6% per annum, compounded
annually, from | 9 |
| the firefighter's first day of employment with that fund or the | 10 |
| first day of the fiscal year of that fund that immediately | 11 |
| precedes the firefighter's first day of employment with that | 12 |
| fund, whichever is earlier. | 13 |
| In order for a firefighter who, as of the effective date of | 14 |
| this amendatory Act of the 93rd General Assembly, has not begun | 15 |
| to receive a pension under this Section or an occupational | 16 |
| disease disability pension under subsection (m) of this Section | 17 |
| and who has contributed 1/12th of 1% of monthly salary for each | 18 |
| month of service credit that the firefighter has in
that fund | 19 |
| (other than service credit for which the firefighter has | 20 |
| already
paid the additional contribution required under | 21 |
| subsection (c) of Section
4-118.1), together with the required | 22 |
| interest thereon, to receive a pension under this Section or an | 23 |
| occupational disease disability pension for which he or she | 24 |
| becomes eligible due to the application of subsection (m) of | 25 |
| this Section, the firefighter must, within one year after the | 26 |
| effective date of this amendatory Act of the 93rd General | 27 |
| Assembly, make an additional contribution equal to 11/12ths of | 28 |
| 1% of
monthly salary for each month of service credit that the | 29 |
| firefighter has in
that fund (other than service credit for | 30 |
| which the firefighter has already
paid the additional | 31 |
| contribution required under subsection (c) of Section
| 32 |
| 4-118.1), together with interest thereon at the rate of 6% per | 33 |
| annum, compounded
annually, from the firefighter's first day of | 34 |
| employment with that fund or the first day of the fiscal year |
|
|
|
09300SB0958ham001 |
- 5 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| of that fund that immediately precedes the firefighter's first | 2 |
| day of employment with the fund, whichever is earlier. A | 3 |
| firefighter who, as of the effective date of this amendatory | 4 |
| Act of the 93rd General Assembly, has not begun to receive a | 5 |
| pension under this Section or an occupational disease | 6 |
| disability pension under subsection (m) of this Section and who | 7 |
| has contributed 1/12th of 1% of monthly salary for each month | 8 |
| of service credit that the firefighter has in
that fund (other | 9 |
| than service credit for which the firefighter has already
paid | 10 |
| the additional contribution required under subsection (c) of | 11 |
| Section
4-118.1), together with the required interest thereon, | 12 |
| in order to receive a pension under this Section or an | 13 |
| occupational disease disability pension under subsection (m) | 14 |
| of this Section, may elect, within one year after the effective | 15 |
| date of this amendatory Act of the 93rd General Assembly to | 16 |
| forfeit the benefits provided under this Section and receive a | 17 |
| refund of that contribution.
time the service was rendered to | 18 |
| the date of payment.
| 19 |
| (j) A retired firefighter who is receiving pension payments | 20 |
| under Section 4-109 may reenter active service under this | 21 |
| Article. Subject to the provisions of Section 4-117, the | 22 |
| firefighter may receive credit for service performed after the | 23 |
| reentry if the firefighter (1) applies to receive credit for | 24 |
| that service, (2) suspends his or her pensions under this | 25 |
| Section,
and (3) makes the contributions required under | 26 |
| subsection (i).
| 27 |
| (k) A firefighter who is newly hired or promoted to a | 28 |
| position as a
firefighter shall not be denied participation in | 29 |
| a fund under this Article
based on his or her age. | 30 |
| (l) If a firefighter who elects to make contributions under | 31 |
| subsection (c) of Section 4-118.1 for the pension benefits | 32 |
| provided under this Section becomes entitled to a disability | 33 |
| pension under Section 4-110, the last pension fund is | 34 |
| responsible to pay that disability pension and the amount of |
|
|
|
09300SB0958ham001 |
- 6 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| that disability pension shall be based only on the | 2 |
| firefighter's service with the last pension fund. | 3 |
| (m) Notwithstanding any provision in Section 4-110.1 to the | 4 |
| contrary, if a firefighter who elects to make contributions | 5 |
| under subsection (c) of Section 4-118.1 for the pension | 6 |
| benefits provided under this Section becomes entitled to an | 7 |
| occupational disease disability pension under Section 4-110.1, | 8 |
| each pension fund to which the firefighter has made | 9 |
| contributions under subsection (c) of Section 4-118.1 must pay | 10 |
| a portion of that occupational disease disability pension equal | 11 |
| to the proportion that the firefighter's service credit with | 12 |
| that pension fund for which the contributions under subsection | 13 |
| (c) of Section 4-118.1 have been made bears to the | 14 |
| firefighter's total service credit with all of the pension | 15 |
| funds for which the contributions under subsection (c) of | 16 |
| Section 4-118.1 have been made. A firefighter who has made | 17 |
| contributions under subsection (c) of Section 4-118.1 for at | 18 |
| least 5 years of creditable service shall be deemed to have met | 19 |
| the 5-year creditable service requirement under Section | 20 |
| 4-110.1, regardless of whether the firefighter has 5 years of | 21 |
| creditable service with the last pension fund. | 22 |
| (n) If a firefighter who elects to make contributions under | 23 |
| subsection (c) of Section 4-118.1 for the pension benefits | 24 |
| provided under this Section becomes entitled to a disability | 25 |
| pension under Section 4-111, the last pension fund is | 26 |
| responsible to pay that disability pension, provided that the | 27 |
| firefighter has at least 7 years of creditable service with the | 28 |
| last pension fund.
| 29 |
| (Source: P.A. 93-689, eff. 7-1-04.)
| 30 |
| (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
| 31 |
| Sec. 4-110. Disability pension - Line of duty. If a | 32 |
| firefighter, as the
result of sickness, accident or injury | 33 |
| incurred in or resulting from the
performance of an act of duty |
|
|
|
09300SB0958ham001 |
- 7 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| or from the cumulative effects of acts of duty,
is found, | 2 |
| pursuant to Section 4-112, to be physically or mentally | 3 |
| permanently
disabled for service in the fire department, so as | 4 |
| to render necessary his or
her being placed on disability | 5 |
| pension, the firefighter shall be entitled to
a disability | 6 |
| pension equal to the greater of (1) 65% of the monthly
salary | 7 |
| attached to the rank held by him or her in the fire department | 8 |
| at the
date he or she is removed from the municipality's fire | 9 |
| department payroll or
(2) the retirement pension that the | 10 |
| firefighter would be eligible to receive
if he or she retired | 11 |
| (but not including any automatic annual increase in that
| 12 |
| retirement pension). A firefighter shall be considered "on | 13 |
| duty" while on
any assignment approved by the chief of the fire | 14 |
| department, even though away
from the municipality he or she | 15 |
| serves as a firefighter, if the assignment
is related to the | 16 |
| fire protection service of the municipality.
| 17 |
| Such firefighter shall also be entitled to a child's | 18 |
| disability benefit
of $20 a month on account of each unmarried | 19 |
| child less than 18 years of age and
dependent upon the | 20 |
| firefighter for support, either the issue of the firefighter
or | 21 |
| legally adopted by him or her. The total amount of child's | 22 |
| disability
benefit payable to the firefighter, when added to | 23 |
| his or her disability
pension, shall not exceed 75% of the | 24 |
| amount of salary which the
firefighter was receiving at the | 25 |
| date of retirement.
| 26 |
| Benefits payable on account of a child under this Section | 27 |
| shall not
be reduced or terminated by reason of the child's | 28 |
| attainment
of age 18 if he or she is then dependent by reason | 29 |
| of a physical or mental
disability but shall continue to be | 30 |
| paid as long as such dependency continues.
Individuals over the | 31 |
| age of 18 and adjudged to be disabled persons pursuant to
| 32 |
| Article XIa of the Probate Act of 1975, except for persons | 33 |
| receiving benefits
under Article III of the Illinois Public Aid | 34 |
| Code, shall be eligible to receive
benefits under this Act.
|
|
|
|
09300SB0958ham001 |
- 8 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| If a firefighter dies while still disabled and receiving a | 2 |
| disability pension
under this Section, the disability pension | 3 |
| shall continue to be paid to the
firefighter's survivors in the | 4 |
| sequence provided in Section 4-114
but shall, from the date of | 5 |
| death, become subject to
the requirements, including | 6 |
| limitations on amount, that are provided for
pensions to | 7 |
| survivors under Section 4-114 . A pension previously granted
| 8 |
| under Section 4-114 to a survivor of a firefighter who died | 9 |
| while receiving a
disability pension under this Section shall | 10 |
| be deemed to be a continuation
of the pension provided under | 11 |
| this Section and shall be deemed to be
in the nature of | 12 |
| worker's compensation payments. The changes to this Section
| 13 |
| made by this amendatory Act of 1995 are intended to be | 14 |
| retroactive and are not
limited to persons in service on or | 15 |
| after its effective date.
| 16 |
| (Source: P.A. 91-466, eff. 8-6-99.)
| 17 |
| (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
| 18 |
| Sec. 4-110.1. Occupational disease disability pension.
| 19 |
| The General Assembly finds that service in the fire department | 20 |
| requires
firefighters in times of stress and danger to perform | 21 |
| unusual tasks; that
firefighters are subject to exposure to | 22 |
| extreme heat or extreme cold in certain
seasons while | 23 |
| performing their duties; that they are required to work in the
| 24 |
| midst of and are subject to heavy smoke fumes, and | 25 |
| carcinogenic, poisonous,
toxic or chemical gases from fires; | 26 |
| and that these conditions exist and
arise out of or in the | 27 |
| course of employment.
| 28 |
| An active firefighter with 5 or more years of creditable | 29 |
| service who is
found, pursuant to Section 4-112, unable to | 30 |
| perform his or her duties in the
fire department by reason of | 31 |
| heart disease, stroke, tuberculosis, or
any disease of the | 32 |
| lungs or respiratory tract, resulting from service as a
| 33 |
| firefighter, is entitled to an occupational disease disability |
|
|
|
09300SB0958ham001 |
- 9 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| pension during
any period of such disability for which he or | 2 |
| she has no right to receive
salary.
| 3 |
| Any active firefighter who has completed 5 or more years
of | 4 |
| service and is unable to perform his or her duties in the fire | 5 |
| department
by reason of a disabling cancer, which develops or | 6 |
| manifests itself during
a period while the firefighter is in | 7 |
| the service of the fire department,
shall be entitled to | 8 |
| receive an occupational disease disability benefit
during any | 9 |
| period of such disability for which he or she does not have a
| 10 |
| right to receive salary. In order to receive this occupational | 11 |
| disease
disability benefit, (i) the type of cancer involved | 12 |
| must be a type which
may be caused by exposure to heat, | 13 |
| radiation or a known carcinogen as defined
by the International | 14 |
| Agency for Research on Cancer and (ii) the cancer
must (and is | 15 |
| rebuttably presumed to) arise as a result of service as a
| 16 |
| firefighter.
| 17 |
| A firefighter who enters the service after August 27, 1971 | 18 |
| shall be
examined by one or more practicing physicians | 19 |
| appointed by the board. If
the examination discloses impairment | 20 |
| of the heart, lungs or respiratory
tract, or the existence of | 21 |
| any cancer, the firefighter shall not be
entitled to the | 22 |
| occupational disease disability pension unless and until a
| 23 |
| subsequent examination reveals no such impairment or cancer.
| 24 |
| The occupational disease disability pension shall be equal | 25 |
| to the greater
of (1) 65% of the
salary attached to the rank | 26 |
| held by the firefighter in the fire service at the
time of his | 27 |
| or her removal from the municipality's fire department payroll | 28 |
| or
(2) the retirement pension that the firefighter would be | 29 |
| eligible to receive
if he or she retired (but not including any | 30 |
| automatic annual increase in that
retirement pension).
| 31 |
| The firefighter is also entitled to a child's disability | 32 |
| benefit of $20 a
month for each natural or legally adopted | 33 |
| unmarried child less than age 18
dependent upon the firefighter | 34 |
| for support. The total child's disability
benefit when added to |
|
|
|
09300SB0958ham001 |
- 10 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| the occupational disease disability pension shall not
exceed | 2 |
| 75% of the firefighter's salary at the time of the grant of | 3 |
| occupational
disease disability pension.
| 4 |
| The occupational disease disability pension is payable to | 5 |
| the firefighter
during the period of the disability. If the | 6 |
| disability ceases before the
death of the firefighter, the | 7 |
| disability pension payable under this Section
shall also cease | 8 |
| and the firefighter thereafter shall receive such pension
| 9 |
| benefits as are provided in accordance with other provisions of | 10 |
| this Article.
| 11 |
| If a firefighter dies while still disabled and receiving a | 12 |
| disability
pension under this Section, the disability pension | 13 |
| shall continue to be paid to
the firefighter's survivors in the | 14 |
| sequence provided in Section 4-114
but shall, from the date of | 15 |
| death, become subject
to the requirements, including | 16 |
| limitations on amount, that are provided for
pensions to | 17 |
| survivors under Section 4-114 . A pension previously granted | 18 |
| under
Section 4-114 to a survivor of a firefighter who died | 19 |
| while receiving a
disability pension under this Section shall | 20 |
| be deemed to be a continuation of
the pension provided under | 21 |
| this Section and shall be deemed to be in the nature
of | 22 |
| worker's occupational disease compensation payments. The | 23 |
| changes to this
Section made by this amendatory Act of 1995 are | 24 |
| intended to be retroactive and
are not limited to persons in | 25 |
| service on or after its effective date.
| 26 |
| The child's disability benefit shall terminate if the | 27 |
| disability ceases
while the firefighter is alive or when the | 28 |
| child or children attain
age 18 or marry, whichever event | 29 |
| occurs first, except that benefits
payable on account of a | 30 |
| child under this Section shall not be
reduced or terminated by | 31 |
| reason of the child's attainment of age 18 if he
or she is then | 32 |
| dependent by reason of a physical or mental disability
but | 33 |
| shall continue to be paid as long as such dependency continues.
| 34 |
| Individuals over the age of 18 and adjudged as a disabled |
|
|
|
09300SB0958ham001 |
- 11 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| person pursuant
to Article XIa of the Probate Act of 1975, | 2 |
| except for persons receiving
benefits under Article III of the | 3 |
| Illinois Public Aid Code, shall be
eligible to receive benefits | 4 |
| under this Act.
| 5 |
| (Source: P.A. 91-466, eff. 8-6-99.)
| 6 |
| (40 ILCS 5/4-111) (from Ch. 108 1/2, par. 4-111)
| 7 |
| Sec. 4-111. Disability pension - Not in duty. A firefighter | 8 |
| having at least 7 years of creditable
service who becomes
| 9 |
| disabled as a result of any cause other than an act of duty, | 10 |
| and who is
found, pursuant to Section 4-112,
to be physically | 11 |
| or mentally permanently disabled so
as to render necessary his | 12 |
| or her being placed on disability pension,
shall be granted a | 13 |
| disability pension of 50% of the monthly salary attached
to the | 14 |
| rank held by the firefighter in the fire service at
the date he | 15 |
| or she is removed from the municipality's fire department | 16 |
| payroll. If a firefighter dies while still disabled and | 17 |
| receiving a disability pension under this Section, the | 18 |
| disability pension shall continue to be paid to the | 19 |
| firefighter's survivors in the sequence provided in Section | 20 |
| 4-114 if that disability pension is greater than the survivors | 21 |
| pension provided under subsection (a) of Section 4-114.
| 22 |
| (Source: P.A. 83-1440.)
| 23 |
| (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
| 24 |
| Sec. 4-114. Pension to survivors. If a firefighter who is | 25 |
| not receiving a
disability pension under Section 4-110 or | 26 |
| 4-110.1 dies (1) as a result of any
illness or accident, or (2) | 27 |
| from any cause while in receipt of a disability
pension under | 28 |
| this Article, or (3) during retirement after 20 years service, | 29 |
| or
(4) while vested for or in receipt of a pension payable | 30 |
| under subsection (b)
of Section 4-109, or (5) while a deferred | 31 |
| pensioner, having made all required
contributions, a pension | 32 |
| shall be paid to his or her survivors, based on the
monthly |
|
|
|
09300SB0958ham001 |
- 12 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| salary attached to the firefighter's rank on the last day of | 2 |
| service
in the fire department, as follows:
| 3 |
| (a) (1) To the surviving spouse, a monthly pension of
| 4 |
| 40% of the monthly salary, and to the guardian of any minor | 5 |
| child or
children including a child which has been | 6 |
| conceived but not yet born, 12%
of such monthly salary for | 7 |
| each such child until attainment of age 18 or
until the | 8 |
| child's marriage, whichever occurs first. Beginning July | 9 |
| 1,
1993, the monthly pension to the surviving spouse shall | 10 |
| be 54% of the
monthly salary for all persons receiving a | 11 |
| surviving spouse pension under
this Article, regardless of | 12 |
| whether the deceased firefighter was in service
on or after | 13 |
| the effective date of this amendatory Act of 1993.
| 14 |
| (2) Beginning July 1, 2004 , unless the amount provided | 15 |
| under paragraph (1) of this subsection (a) is greater , the | 16 |
| total monthly pension payable under
this paragraph (a) , | 17 |
| including any amount payable on account of children, to the | 18 |
| surviving spouse of a firefighter who died (i) while
| 19 |
| receiving a retirement pension , (ii) while he or she was a | 20 |
| deferred pensioner with at least 20 years of creditable | 21 |
| service, or (iii) while he or she was in active service | 22 |
| having at least 20 years of creditable service, regardless | 23 |
| of age , including any amount payable on account of
| 24 |
| children, shall be no less than 100% of the monthly | 25 |
| retirement pension earned by
that
the deceased firefighter | 26 |
| at the time of death, regardless of whether death occurs | 27 |
| before or after attainment of age 50,
was receiving at the | 28 |
| time of death, including any
increases under Section | 29 |
| 4-109.1. This minimum applies to all such surviving
spouses | 30 |
| who are eligible to receive a surviving spouse pension, | 31 |
| regardless of
whether the deceased firefighter was in | 32 |
| service on or after the effective date
of this amendatory | 33 |
| Act of the 93rd General Assembly, and notwithstanding any
| 34 |
| limitation on maximum pension under paragraph (d) or any |
|
|
|
09300SB0958ham001 |
- 13 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| other provision of
this Article.
| 2 |
| (3) If the pension paid on and after July 1, 2004 to | 3 |
| the surviving spouse of a firefighter who died on or after | 4 |
| July 1, 2004 and before the effective date of this | 5 |
| amendatory Act of the 93rd General Assembly was less than | 6 |
| the minimum pension payable under paragraph (1) or (2) of | 7 |
| this subsection (a), the fund shall pay a lump sum equal to | 8 |
| the difference within 90 days after the effective date of | 9 |
| this amendatory Act of the 93rd General Assembly.
| 10 |
| The pension to the surviving spouse shall terminate in the | 11 |
| event of the
surviving spouse's remarriage prior to July 1, | 12 |
| 1993; remarriage on or after
that date does not affect the | 13 |
| surviving spouse's pension, regardless of
whether the deceased | 14 |
| firefighter was in service on or after the effective
date of | 15 |
| this amendatory Act of 1993.
| 16 |
| The surviving spouse's pension shall be subject to the | 17 |
| minimum established
in Section 4-109.2.
| 18 |
| (b) Upon the death of the surviving spouse leaving one or | 19 |
| more minor
children, to the duly appointed guardian of each | 20 |
| such child, for support
and maintenance of each such child | 21 |
| until the child reaches age 18 or
marries, whichever occurs | 22 |
| first, a monthly pension of 20% of the monthly
salary.
| 23 |
| (c) If a deceased firefighter leaves no surviving spouse or | 24 |
| unmarried
minor children under age 18, but leaves a dependent | 25 |
| father or mother, to
each dependent parent a monthly pension of | 26 |
| 18% of the monthly salary. To
qualify for the pension, a | 27 |
| dependent parent must furnish satisfactory proof
that the | 28 |
| deceased firefighter was at the time of his or her death the | 29 |
| sole
supporter of the parent or that the parent was the | 30 |
| deceased's dependent for
federal income tax purposes.
| 31 |
| (d) The total pension provided under paragraphs (a), (b) | 32 |
| and (c) of this
Section shall not exceed 75% of the monthly | 33 |
| salary of the deceased firefighter
(1) when paid to the | 34 |
| survivor of a firefighter who has attained 20 or more
years of |
|
|
|
09300SB0958ham001 |
- 14 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| service credit and who receives or is eligible to receive a | 2 |
| retirement
pension under this Article, or (2) when paid to the | 3 |
| survivor of a firefighter
who dies as a result of illness or | 4 |
| accident, or (3) when paid to the survivor
of a firefighter who | 5 |
| dies from any cause while in receipt of a disability
pension | 6 |
| under this Article, or (4) when paid to the survivor of a | 7 |
| deferred
pensioner. For all other survivors of deceased | 8 |
| firefighters, the total pension
provided under paragraphs (a), | 9 |
| (b) and (c) of this Section shall not exceed 50%
of the | 10 |
| retirement annuity the firefighter would have received on the | 11 |
| date of
death.
| 12 |
| The maximum pension limitations in this paragraph (d) do | 13 |
| not control
over any contrary provision of this Article | 14 |
| explicitly establishing a minimum
amount of pension or granting | 15 |
| a one-time or annual increase in pension.
| 16 |
| (e) If a firefighter leaves no eligible survivors under | 17 |
| paragraphs (a),
(b) and (c), the board shall refund to the | 18 |
| firefighter's estate the amount
of his or her accumulated | 19 |
| contributions, less the amount of pension
payments, if any, | 20 |
| made to the firefighter while living.
| 21 |
| (f) An adopted child is eligible for the pension provided | 22 |
| under
paragraph (a) if the child was adopted before the | 23 |
| firefighter attained age 50.
| 24 |
| (g) If a judgment of dissolution of marriage between a | 25 |
| firefighter and
spouse is judicially set aside subsequent to | 26 |
| the firefighter's death, the
surviving spouse is eligible for | 27 |
| the pension provided in paragraph (a) only
if the judicial | 28 |
| proceedings are filed within 2 years after the date of the
| 29 |
| dissolution of marriage and within one year after the | 30 |
| firefighter's death and
the board is made a party to the | 31 |
| proceedings. In such case the pension shall be
payable only | 32 |
| from the date of the court's order setting aside the judgment | 33 |
| of
dissolution of marriage.
| 34 |
| (h) Benefits payable on account of a child under this |
|
|
|
09300SB0958ham001 |
- 15 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| Section shall
not be reduced or terminated by reason of the | 2 |
| child's attainment of age 18
if he or she is then dependent by | 3 |
| reason of a physical or mental disability
but shall continue to | 4 |
| be paid as long as such dependency continues.
Individuals over | 5 |
| the age of 18 and adjudged as a disabled person pursuant
to | 6 |
| Article XIa of the Probate Act of 1975, except for persons | 7 |
| receiving
benefits under Article III of the Illinois Public Aid | 8 |
| Code, shall be
eligible to receive benefits under this Act.
| 9 |
| (i) Beginning January 1, 2000, the pension of the surviving | 10 |
| spouse of
a firefighter who dies on or after January 1, 1994 as | 11 |
| a result of sickness,
accident, or injury incurred in or | 12 |
| resulting from the performance of an act of
duty or from the | 13 |
| cumulative effects of acts of duty shall not be less than 100%
| 14 |
| of the salary attached to the rank held by the deceased | 15 |
| firefighter on the last
day of service, notwithstanding | 16 |
| subsection (d) or any other provision of
this Article.
| 17 |
| (j) Beginning July 1, 2004, the pension of the surviving | 18 |
| spouse of
a firefighter who dies on or after January 1, 1988 as | 19 |
| a result of sickness,
accident, or injury incurred in or | 20 |
| resulting from the performance of an act of
duty or from the | 21 |
| cumulative effects of acts of duty shall not be less than 100%
| 22 |
| of the salary attached to the rank held by the deceased | 23 |
| firefighter on the last
day of service, notwithstanding | 24 |
| subsection (d) or any other provision of
this Article.
| 25 |
| (Source: P.A. 93-689, eff. 7-1-04.)
| 26 |
| Section 90. The State Mandates Act is amended by adding | 27 |
| Section 8.28 as
follows:
| 28 |
| (30 ILCS 805/8.28 new)
| 29 |
| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 30 |
| of this
Act, no reimbursement by the State is required for the | 31 |
| implementation of
any mandate created by this amendatory Act of | 32 |
| the 93rd General Assembly.
|
|
|
|
09300SB0958ham001 |
- 16 - |
LRB093 03253 LRD 54032 a |
|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|