Full Text of HB1280 98th General Assembly
HB1280ham001 98TH GENERAL ASSEMBLY | Rep. Darlene J. Senger Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1280
| 2 | | AMENDMENT NO. ______. Amend House Bill 1280 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 4-101 and 4-106 as follows:
| 6 | | (40 ILCS 5/4-101) (from Ch. 108 1/2, par. 4-101)
| 7 | | Sec. 4-101. Creation of fund. | 8 | | (a) In each municipality as defined in Section 4-103, the | 9 | | city council or
the board of trustees, as the case may be, | 10 | | shall establish and administer
a firefighters' pension fund as
| 11 | | prescribed in this Article, for the
benefit of its firefighters
| 12 | | and of their surviving spouses,
children and certain other | 13 | | dependents. | 14 | | (b) The duty of the corporate authorities of a municipality | 15 | | to establish and administer a firefighters' pension fund shall | 16 | | be suspended during any period during which : |
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| 1 | | (1) the fund is dissolved under subsection (c) of | 2 | | Section 4-106.1 of this Code ; or | 3 | | (2) in the case of a municipality with 5,000 or more | 4 | | but fewer than 15,000 inhabitants that has not established | 5 | | a pension fund under this Article, there is in effect an | 6 | | ordinance or resolution adopted by the city council or
the | 7 | | board of trustees, deferring the establishment of a pension | 8 | | fund under this Article due to a finding of economic | 9 | | exigency. Such an ordinance or resolution shall be | 10 | | effective for no more than 5 years, but may be renewed upon | 11 | | a finding of continuing economic exigency until the | 12 | | municipality reaches a population of 15,000, as determined | 13 | | by the most recent available census data .
| 14 | | (Source: P.A. 97-99, eff. 1-1-12.)
| 15 | | (40 ILCS 5/4-106) (from Ch. 108 1/2, par. 4-106)
| 16 | | Sec. 4-106. Firefighter, firefighters. "Firefighter, | 17 | | firefighters":
| 18 | | (a) In municipalities which have adopted Division 1 of | 19 | | Article 10 of the
Illinois Municipal Code, any person employed | 20 | | in the municipality's fire service
as a firefighter, fire | 21 | | engineer, marine engineer, fire pilot, bomb technician
or scuba | 22 | | diver; and in any of these positions where such person's duties | 23 | | also
include those of a firefighter as classified by the Civil | 24 | | Service Commission of
that city, and whose duty is to | 25 | | participate in the work of controlling and
extinguishing fires |
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| 1 | | at the location of any such fires.
| 2 | | (b) In municipalities which are subject to Division 2.1 of | 3 | | Article 10 of the
Illinois Municipal Code, any person employed | 4 | | by a city in its fire service as a
firefighter, fire engineer, | 5 | | marine engineer, fire pilot, bomb technician, or
scuba diver; | 6 | | and, in any of these positions whose duties also include those | 7 | | of
a firefighter and are certified in the same manner as a | 8 | | firefighter in that
city.
| 9 | | (c) In municipalities which are subject to neither Division | 10 | | 1 nor Division
2.1 of Article 10 of the Illinois Municipal | 11 | | Code, any person who would have
been included as a firefighter | 12 | | under sub-paragraph (a) or (b) above except that
he served as a | 13 | | de facto and not as a de jure firefighter.
| 14 | | (d) Notwithstanding the other provisions of this Section, | 15 | | "firefighter"
does not include any person who is actively | 16 | | participating in the State
Universities Retirement System | 17 | | under subsection (h) of Section 15-107 with
respect to the | 18 | | employment for which he or she is a participating employee in
| 19 | | that System.
| 20 | | Notwithstanding the other provisions of this Section, | 21 | | "firefighter"
does not include any person employed by a | 22 | | municipality that has deferred its establishment of a pension | 23 | | fund under this Article in accordance with subdivision (b)(2) | 24 | | of Section 4-101. | 25 | | (e) This amendatory Act of 1977 does not affect persons | 26 | | covered
by this Article prior to September 22, 1977.
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| 1 | | (Source: P.A. 90-576, eff. 3-31-98.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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