Full Text of SB2362 95th General Assembly
SB2362enr 95TH GENERAL ASSEMBLY
|
|
|
SB2362 Enrolled |
|
LRB095 15085 AMC 41046 b |
|
| 1 |
| AN ACT concerning 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 changing | 5 |
| 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 firefighter | 9 |
| of a
municipality. In computing creditable service, furloughs | 10 |
| and leaves of
absence without pay exceeding 30 days in any one | 11 |
| year shall not be counted,
but leaves of absence for illness or | 12 |
| accident regardless of length, and
periods of disability for | 13 |
| which a firefighter received no disability
pension payments | 14 |
| under this Article, shall be counted.
| 15 |
| (b) Furloughs and leaves of absence of 30 days or less in | 16 |
| any one year may
be counted as creditable service, if the | 17 |
| firefighter makes the contribution
to the fund that would have | 18 |
| been required had he or she not been
on furlough or leave of | 19 |
| absence. To qualify for this creditable service,
the | 20 |
| firefighter must pay the required contributions to the fund not | 21 |
| more
than 90 days subsequent to the termination of the furlough | 22 |
| or leave of
absence, to the extent that the municipality has | 23 |
| not made such contribution
on his or her behalf.
|
|
|
|
SB2362 Enrolled |
- 2 - |
LRB095 15085 AMC 41046 b |
|
| 1 |
| (c) Creditable service includes:
| 2 |
| (1) Service in the military, naval or air forces of the
| 3 |
| United States entered upon when the person was an active
| 4 |
| firefighter, provided
that, upon applying for a permanent | 5 |
| pension, and in accordance with the
rules of the board the | 6 |
| firefighter pays into the fund the amount that would
have | 7 |
| been contributed had he or she been a regular contributor | 8 |
| during such
period of service, if and to the extent that | 9 |
| the municipality which the
firefighter served made no such | 10 |
| contributions in his or her behalf. The
total amount of | 11 |
| such creditable service shall not exceed 5 years, except
| 12 |
| that any firefighter who on July 1, 1973 had more than 5 | 13 |
| years of such
creditable service shall receive the total | 14 |
| amount thereof as of that date.
| 15 |
| (1.5) Up to 24 months of service in the military, | 16 |
| naval, or air forces of the United States that was served | 17 |
| prior to employment by a municipality or fire protection | 18 |
| district as a firefighter. To receive the credit for the | 19 |
| military service prior to the employment as a firefighter, | 20 |
| the firefighter must apply in writing to the fund and must | 21 |
| make contributions to the fund equal to (i) the employee | 22 |
| contributions that would have been required had the service | 23 |
| been rendered as a member, plus (ii) an amount determined | 24 |
| by the fund to be equal to the employer's normal cost of | 25 |
| the benefits accrued for that military service, plus (iii) | 26 |
| interest at the actuarially assumed rate provided by the |
|
|
|
SB2362 Enrolled |
- 3 - |
LRB095 15085 AMC 41046 b |
|
| 1 |
| Department of Financial and Professional Regulation, | 2 |
| compounded annually from the first date of membership in | 3 |
| the fund to the date of payment on items (i) and (ii). The | 4 |
| changes to this paragraph (1.5) by this amendatory Act of | 5 |
| the 95th General Assembly apply only to participating | 6 |
| employees in service on or after its effective date.
| 7 |
| (2) Service prior to July 1, 1976 by a firefighter | 8 |
| initially excluded
from participation by reason of age who | 9 |
| elected to participate and paid
the required contributions | 10 |
| for such service.
| 11 |
| (3) Up to 8 years of service by a firefighter as an | 12 |
| officer in a statewide
firefighters' association when he is | 13 |
| on a leave of absence from a
municipality's payroll, | 14 |
| provided that (i) the firefighter has at least 10
years of | 15 |
| creditable service as an active firefighter, (ii) the | 16 |
| firefighter
contributes to the fund the amount that he | 17 |
| would have contributed had he
remained an active member of | 18 |
| the fund, and (iii) the employee or statewide
firefighter | 19 |
| association contributes to the fund an amount equal to the
| 20 |
| employer's required contribution as determined by the | 21 |
| board.
| 22 |
| (4) Time spent as an on-call fireman for a | 23 |
| municipality,
calculated at the rate of one year of | 24 |
| creditable service for each 5 years
of time spent as an | 25 |
| on-call fireman, provided that (i) the firefighter has
at | 26 |
| least 18 years of creditable service as an active |
|
|
|
SB2362 Enrolled |
- 4 - |
LRB095 15085 AMC 41046 b |
|
| 1 |
| firefighter, (ii) the
firefighter spent at least 14 years | 2 |
| as an on-call firefighter for the
municipality, (iii) the | 3 |
| firefighter applies for such creditable service
within 30 | 4 |
| days after the effective date of this amendatory Act of | 5 |
| 1989,
(iv) the firefighter contributes to the Fund an | 6 |
| amount representing
employee contributions for the number | 7 |
| of years of creditable service
granted under this | 8 |
| subdivision (4), based on the salary and contribution
rate | 9 |
| in effect for the firefighter at the date of entry into the | 10 |
| Fund, to
be determined by the board, and (v) not more than | 11 |
| 3 years of creditable
service may be granted under this | 12 |
| subdivision (4).
| 13 |
| Except as provided in Section 4-108.5, creditable | 14 |
| service shall not
include time
spent as a volunteer | 15 |
| firefighter, whether or not any compensation was received
| 16 |
| therefor. The change made in this Section by Public Act | 17 |
| 83-0463 is intended
to be a restatement and clarification | 18 |
| of existing law, and does not imply
that creditable service | 19 |
| was previously allowed under this Article for time
spent as | 20 |
| a volunteer firefighter.
| 21 |
| (5) Time served between July 1, 1976 and July 1, 1988 | 22 |
| in
the position of protective inspection officer or | 23 |
| administrative assistant
for fire services, for a | 24 |
| municipality with a population under 10,000 that is
located | 25 |
| in a county with a population over 3,000,000 and that | 26 |
| maintains a
firefighters' pension fund under this Article, |
|
|
|
SB2362 Enrolled |
- 5 - |
LRB095 15085 AMC 41046 b |
|
| 1 |
| if the position included
firefighting duties, | 2 |
| notwithstanding that the person may not have held an
| 3 |
| appointment as a firefighter, provided that application is | 4 |
| made to the
pension fund within 30 days after the effective | 5 |
| date of this amendatory Act
of 1991, and the corresponding | 6 |
| contributions are paid for the number of
years of service | 7 |
| granted, based upon the salary and contribution rate in
| 8 |
| effect for the firefighter at the date of entry into the | 9 |
| pension fund, as
determined by the Board.
| 10 |
| (6) Service before becoming a participant by a | 11 |
| firefighter initially
excluded from participation by | 12 |
| reason of age who becomes a participant
under the amendment | 13 |
| to Section 4-107 made by this amendatory Act of 1993 and
| 14 |
| pays the required contributions for such service.
| 15 |
| (7) Up to 3 years of time during which the firefighter | 16 |
| receives a
disability pension under Section 4-110, | 17 |
| 4-110.1, or 4-111, provided that (i)
the firefighter | 18 |
| returns to active service after the disability for a period | 19 |
| at
least equal to the period for which credit is to be | 20 |
| established and (ii) the
firefighter makes contributions | 21 |
| to the fund based on the rates specified in
Section 4-118.1 | 22 |
| and the salary upon which the disability pension is based.
| 23 |
| These contributions may be paid at any time prior to the | 24 |
| commencement of a
retirement pension. The firefighter may, | 25 |
| but need not, elect to have the
contributions deducted from | 26 |
| the disability pension or to pay them in
installments on a |
|
|
|
SB2362 Enrolled |
- 6 - |
LRB095 15085 AMC 41046 b |
|
| 1 |
| schedule approved by the board. If not deducted from the
| 2 |
| disability pension, the contributions
shall include | 3 |
| interest at the rate of 6% per year, compounded annually, | 4 |
| from
the date for which service credit is being established | 5 |
| to the date of payment.
If contributions are paid under | 6 |
| this subdivision (c)(7) in excess of those
needed to | 7 |
| establish the credit, the excess shall be refunded. This
| 8 |
| subdivision (c)(7) applies to persons receiving a | 9 |
| disability pension under
Section 4-110, 4-110.1, or 4-111 | 10 |
| on the effective date of this amendatory Act
of the 91st | 11 |
| General Assembly, as well as persons who begin to receive | 12 |
| such a
disability pension after that date.
| 13 |
| (Source: P.A. 94-856, eff. 6-15-06.)
| 14 |
| Section 90. The State Mandates Act is amended by adding | 15 |
| Section 8.32 as follows: | 16 |
| (30 ILCS 805/8.32 new)
| 17 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 |
| of this Act, no reimbursement by the State is required for the | 19 |
| implementation of any mandate created by this amendatory Act of | 20 |
| the 95th General Assembly.
| 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
|
|