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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1816
Introduced 2/23/2007, by Rep. Michael P. McAuliffe - Kevin Joyce - Angelo Saviano SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/6-209 |
from Ch. 108 1/2, par. 6-209 |
30 ILCS 805/8.31 new |
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Amends the Chicago Firefighter Article of the Illinois Pension Code.
Allows purchase of service credit for up to 2 years of military service
during which the fireman was not on a leave of absence from employment.
Allows purchase at a reduced interest rate for 6 months.
Amends the State Mandates Act to require
implementation without reimbursement.
Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1816 |
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LRB095 09097 AMC 29289 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing |
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| Section 6-209
as follows:
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| (40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
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| Sec. 6-209. Computation of service.
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| (A) In computing the service rendered by a fireman prior to
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| the effective date, the following periods shall be counted, in |
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| addition
to all periods during which he performed the duties of |
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| his position, as
periods of service for annuity purposes only: |
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| All periods of (a)
vacation, (b) leave of absence with whole or |
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| part pay, (c) leave of
absence without pay which were necessary |
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| on account of disability, and
(d) leave of absence during which |
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| he was engaged in the military or
naval service of the United |
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| States of America. Service credit shall not
be allowed for any |
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| period during which a fireman was in receipt of
pension on |
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| account of disability from any pension fund superseded by
this |
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| fund.
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| (B) In computing the service rendered by a fireman on and |
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| after
the effective date, the following periods shall be |
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| counted in addition
to all periods during which he performed |
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| the duties of his position,
as periods of service for annuity |
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HB1816 |
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LRB095 09097 AMC 29289 b |
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| purposes only: All periods of (a)
vacation, (b) leave of |
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| absence with whole or part pay, (c) leave of
absence during |
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| which he was engaged in the military or naval service of
the |
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| United States of America, (d) disability for which he receives |
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| any
disability benefit, (e) disability for which he receives |
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| whole or part
pay, (f) leave of absence, or other authorized |
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| relief from active
duty, during which he served as president of |
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| The Firemen's Association of
Chicago, (g) periods of suspension |
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| from duty not to exceed a total of one
year during the total |
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| period of service of the fireman, and (h) a period of
time not |
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| to exceed 23 days in 1980 in accordance with an agreement with
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| the City on a settlement of strike; provided that the fireman |
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| elects to
make contributions to the Fund for the various |
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| annuity and benefit purposes
according to the provisions of |
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| this Article as though he were an active
fireman, based upon |
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| the salary attached to the civil service rank held by
him |
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| during such absence from duty, and if the fireman so elects, |
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| the city
shall make the prescribed concurrent contributions for |
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| such annuity and
benefit purposes as provided in this Article, |
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| all to the end that such
fireman shall be entitled to receive |
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| the same annuities and benefits for
which he would otherwise be |
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| eligible if he had continued as an active
fireman during the |
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| periods of absence from duty.
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| (C) In computing service on and after the effective date |
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| for ordinary
disability benefit, all periods described in |
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| subsection (B)
the preceding
paragraph , except any period for |
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HB1816 |
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LRB095 09097 AMC 29289 b |
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| which a fireman receives ordinary disability
benefit, shall be |
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| counted as periods of service.
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| (D) In computing service for any of the purposes of this |
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| Article,
credit shall be given for any periods prior to January |
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| 9, 1997,
during which an active fireman (or fire paramedic) who |
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| is a member of the
General Assembly is on leave of absence or |
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| is otherwise
authorized to be absent from duty to enable him to |
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| perform his legislative
duties, notwithstanding any reduction |
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| in salary for such periods and
notwithstanding that the |
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| contributions paid by the fireman were based on
such reduced |
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| salary rather than the full amount of salary attached to his
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| civil service rank.
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| (E) In computing service for any of the purposes of this |
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| Article, credit
shall be given for up to 24 months of service |
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| in the armed forces of the United
States during which the |
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| fireman was not on leave of absence from employment
under this |
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| Article. In order to receive creditable service for military
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| service under this subsection (E), a fireman must (1) apply to |
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| the Fund in
writing and provide evidence of the military |
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| service that is satisfactory to
the Board and (2) make |
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| contributions to the Fund equal to (i) the employee
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| contributions that would have been required had the service |
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| been rendered as
a fireman, plus (ii) an amount determined by |
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| the Board to be equal to the
employer's normal cost of the |
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| benefits accrued for that military service, plus
(iii) interest |
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| on items (i) and (ii) from the date of first membership in the
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HB1816 |
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LRB095 09097 AMC 29289 b |
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| Fund following that military service to the date of payment. If |
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| payment is
made during the 6-month period that begins 3 months |
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| after the effective date of
this amendatory Act of the 95th |
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| General Assembly, the required interest shall
be at the rate of |
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| 2.5% per year, compounded annually; otherwise, the required
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| interest shall be calculated at the rate of 6% per year, |
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| compounded annually.
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| (F) In computing service for any of the purposes of this |
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| Article,
no credit shall be given for any period during which a |
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| fireman was not
rendering active service because of his |
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| discharge from the service,
unless proceedings to test the |
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| legality of the discharge are filed in a
court of competent |
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| jurisdiction within one year from the date of
discharge and a |
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| final judgment is entered therein declaring the
discharge |
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| illegal.
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| No overtime or extra service shall be included in computing |
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| service
of a fireman and not more than one year or a proper |
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| fractional part
thereof of service shall be allowed for service |
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| rendered during any
calendar year.
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| (Source: P.A. 86-273; 86-1488; 87-1265.)
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.31 as follows: |
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| (30 ILCS 805/8.31 new) |
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| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 |