Full Text of HB2047 95th General Assembly
HB2047eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning 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 | 5 |
| Section 4-109.3 as follows: | 6 |
| (40 ILCS 5/4-109.3)
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| Sec. 4-109.3. Employee creditable service. | 8 |
| (a) As used in this Section:
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| "Final monthly salary" means the monthly salary attached to | 10 |
| the rank held by
the firefighter at the time of his or her last | 11 |
| withdrawal from service under a
particular pension fund.
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| "Last pension fund" means the pension fund in which the | 13 |
| firefighter was
participating at the time of his or her last | 14 |
| withdrawal from service.
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| (b) The benefits provided under this Section are available | 16 |
| only to a
firefighter who:
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| (1) is a firefighter at the time of withdrawal from the | 18 |
| last
pension fund and for at least the final 3 years of | 19 |
| employment prior to that
withdrawal;
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| (2) has established service credit with at least one | 21 |
| pension fund
established under this Article other than the | 22 |
| last pension fund;
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| (3) has a total of at least 20 years of service under |
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| the various
pension funds established under this Article | 2 |
| and has attained age 50; and
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| (4) is in service on or after the effective date of | 4 |
| this amendatory Act of
the 93rd General Assembly.
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| (c) A firefighter who is eligible for benefits under this | 6 |
| Section may elect
to receive a retirement pension from each | 7 |
| pension fund under this Article in
which the firefighter has at | 8 |
| least one year of service credit but has not received a refund | 9 |
| under Section 4-116 (unless the firefighter repays that refund | 10 |
| under subsection (g)) or subsection (c) of Section 4-118.1, by | 11 |
| applying in
writing and paying the contribution required under | 12 |
| subsection (i).
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| (d) From each such pension fund other than the last pension | 14 |
| fund, in lieu
of any retirement pension otherwise payable under | 15 |
| this Article, a firefighter
to whom this Section applies may | 16 |
| elect to receive a monthly pension of 1/12th
of 2.5% of his or | 17 |
| her final monthly salary under that fund for each month of
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| service in that fund, subject to a maximum of 75% of that final | 19 |
| monthly salary.
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| (e) From the last pension fund, in lieu of any retirement | 21 |
| pension otherwise
payable under this Article, a firefighter to | 22 |
| whom this Section applies may
elect to receive a monthly | 23 |
| pension calculated as follows:
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| The last pension fund shall calculate the retirement | 25 |
| pension that
would be payable to the firefighter under | 26 |
| subsection (a) of Section 4-109 as if he
or she had
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| participated in that last pension fund during his or her entire | 2 |
| period of
service under all pension funds established under | 3 |
| this Article (excluding any period of service for which the | 4 |
| firefighter has received a refund under Section 4-116, unless | 5 |
| the firefighter repays that refund under subsection (g), or for | 6 |
| which the firefighter has received a refund under subsection | 7 |
| (c) of Section 4-118.1).
From this hypothetical pension there | 8 |
| shall be subtracted the original amounts
of the retirement | 9 |
| pensions payable to the firefighter by all other pension
funds | 10 |
| under subsection (d). The remainder is the retirement pension | 11 |
| payable
to the firefighter by the last pension fund under this | 12 |
| subsection (e).
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| (f) Pensions elected under this Section shall be subject to | 14 |
| increases as
provided in subsection (d) of Section 4-109.1.
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| (g) A current firefighter may reinstate creditable service | 16 |
| in a
pension fund established under this Article that was | 17 |
| terminated upon receipt of
a refund, by payment to that pension | 18 |
| fund of the amount of the refund together
with interest thereon | 19 |
| at the rate of 6% per year, compounded annually, from the
date | 20 |
| of the refund to the date of payment. A repayment of a refund | 21 |
| under this
Section may be made in equal installments over a | 22 |
| period of up to 10 years, but
must be paid in full prior to | 23 |
| retirement.
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| (h) As a condition of being eligible for the benefits | 25 |
| provided in this Section, a person who is hired to a position | 26 |
| as a firefighter on or after July 1, 2004 must, within 21 |
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| months after being hired, notify
the new employer, all of his | 2 |
| or her previous employers under this Article, and
the Public | 3 |
| Pension Division of the Division of Insurance of the Department | 4 |
| of Financial and Professional Regulation of his or her intent | 5 |
| to receive the benefits provided under this Section.
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| (i) In order to receive a pension under this Section or an | 7 |
| occupational disease disability pension for which he or she | 8 |
| becomes eligible due to the application of subsection (m) of | 9 |
| this Section, a firefighter must
pay to each pension fund from | 10 |
| which he or she has elected to receive a pension under this | 11 |
| Section a contribution equal to 1% of
monthly salary for each | 12 |
| month of service credit that the firefighter has in
that fund | 13 |
| (other than service credit for which the firefighter has | 14 |
| already
paid the additional contribution required under | 15 |
| subsection (c) of Section
4-118.1), together with interest | 16 |
| thereon at the rate of 6% per annum, compounded
annually, from | 17 |
| the firefighter's first day of employment with that fund or the | 18 |
| first day of the fiscal year of that fund that immediately | 19 |
| precedes the firefighter's first day of employment with that | 20 |
| fund, whichever is earlier. | 21 |
| In order for a firefighter who, as of the effective date of | 22 |
| this amendatory Act of the 93rd General Assembly, has not begun | 23 |
| to receive a pension under this Section or an occupational | 24 |
| disease disability pension under subsection (m) of this Section | 25 |
| and who has contributed 1/12th of 1% of monthly salary for each | 26 |
| month of service credit that the firefighter has in
that fund |
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| (other than service credit for which the firefighter has | 2 |
| already
paid the additional contribution required under | 3 |
| subsection (c) of Section
4-118.1), together with the required | 4 |
| interest thereon, to receive a pension under this Section or an | 5 |
| occupational disease disability pension for which he or she | 6 |
| becomes eligible due to the application of subsection (m) of | 7 |
| this Section, the firefighter must, within one year after the | 8 |
| effective date of this amendatory Act of the 93rd General | 9 |
| Assembly, make an additional contribution equal to 11/12ths of | 10 |
| 1% of
monthly salary for each month of service credit that the | 11 |
| firefighter has in
that fund (other than service credit for | 12 |
| which the firefighter has already
paid the additional | 13 |
| contribution required under subsection (c) of Section
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| 4-118.1), together with interest thereon at the rate of 6% per | 15 |
| annum, compounded
annually, from the firefighter's first day of | 16 |
| employment with that fund or the first day of the fiscal year | 17 |
| of that fund that immediately precedes the firefighter's first | 18 |
| day of employment with the fund, whichever is earlier. A | 19 |
| firefighter who, as of the effective date of this amendatory | 20 |
| Act of the 93rd General Assembly, has not begun to receive a | 21 |
| pension under this Section or an occupational disease | 22 |
| disability pension under subsection (m) of this Section and who | 23 |
| has contributed 1/12th of 1% of monthly salary for each month | 24 |
| of service credit that the firefighter has in
that fund (other | 25 |
| than service credit for which the firefighter has already
paid | 26 |
| the additional contribution required under subsection (c) of |
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| Section
4-118.1), together with the required interest thereon, | 2 |
| in order to receive a pension under this Section or an | 3 |
| occupational disease disability pension under subsection (m) | 4 |
| of this Section, may elect, within one year after the effective | 5 |
| date of this amendatory Act of the 93rd General Assembly to | 6 |
| forfeit the benefits provided under this Section and receive a | 7 |
| refund of that contribution.
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| (j) A retired firefighter who is receiving pension payments | 9 |
| under Section 4-109 may reenter active service under this | 10 |
| Article. Subject to the provisions of Section 4-117, the | 11 |
| firefighter may receive credit for service performed after the | 12 |
| reentry if the firefighter (1) applies to receive credit for | 13 |
| that service, (2) suspends his or her pensions under this | 14 |
| Section,
and (3) makes the contributions required under | 15 |
| subsection (i).
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| (k) A firefighter who is newly hired or promoted to a | 17 |
| position as a
firefighter shall not be denied participation in | 18 |
| a fund under this Article
based on his or her age. | 19 |
| (l) If a firefighter who elects to make contributions under | 20 |
| subsection (c) of Section 4-118.1 for the pension benefits | 21 |
| provided under this Section becomes entitled to a disability | 22 |
| pension under Section 4-110, the last pension fund is | 23 |
| responsible to pay that disability pension and the amount of | 24 |
| that disability pension shall be based only on the | 25 |
| firefighter's service with the last pension fund. | 26 |
| (m) Notwithstanding any provision in Section 4-110.1 to the |
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| contrary, if a firefighter who elects to make contributions | 2 |
| under subsection (c) of Section 4-118.1 for the pension | 3 |
| benefits provided under this Section becomes entitled to an | 4 |
| occupational disease disability pension under Section 4-110.1, | 5 |
| each pension fund to which the firefighter has made | 6 |
| contributions under subsection (c) of Section 4-118.1 must pay | 7 |
| a portion of that occupational disease disability pension equal | 8 |
| to the proportion that the firefighter's service credit with | 9 |
| that pension fund for which the contributions under subsection | 10 |
| (c) of Section 4-118.1 have been made bears to the | 11 |
| firefighter's total service credit with all of the pension | 12 |
| funds for which the contributions under subsection (c) of | 13 |
| Section 4-118.1 have been made. A firefighter who has made | 14 |
| contributions under subsection (c) of Section 4-118.1 for at | 15 |
| least 5 years of creditable service shall be deemed to have met | 16 |
| the 5-year creditable service requirement under Section | 17 |
| 4-110.1, regardless of whether the firefighter has 5 years of | 18 |
| creditable service with the last pension fund. | 19 |
| (n) If a firefighter who elects to make contributions under | 20 |
| subsection (c) of Section 4-118.1 for the pension benefits | 21 |
| provided under this Section becomes entitled to a disability | 22 |
| pension under Section 4-111, the last pension fund is | 23 |
| responsible to pay that disability pension, provided that the | 24 |
| firefighter has at least 7 years of creditable service with the | 25 |
| last pension fund.
In the event a firefighter began employment | 26 |
| with a new employer as a result of an intergovernmental |
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| agreement that resulted in the elimination of the previous | 2 |
| employer's fire department, the firefighter shall not be | 3 |
| required to have 7 years of creditable service with the last | 4 |
| pension fund to qualify for a disability pension under Section | 5 |
| 4-111. Under this circumstance, a firefighter shall be required | 6 |
| to have 7 years of total combined creditable service time to | 7 |
| qualify for a disability pension under Section 4-111. The | 8 |
| disability pension received pursuant to this Section shall be | 9 |
| paid by the previous employer and new employer in proportion to | 10 |
| the firefighter's years of service with each employer.
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| (Source: P.A. 93-689, eff. 7-1-04; 93-1090, eff. 3-11-05.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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