Full Text of SB0364 100th General Assembly
SB0364sam001 100TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 5/3/2017
| | 10000SB0364sam001 | | LRB100 05093 RPS 25854 a |
|
| 1 | | AMENDMENT TO SENATE BILL 364
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 364 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 6-111 and 6-211 as follows:
| 6 | | (40 ILCS 5/6-111)
(from Ch. 108 1/2, par. 6-111)
| 7 | | Sec. 6-111. Salary. "Salary": Subject to Section 6-211, the | 8 | | annual salary
of a fireman, as follows:
| 9 | | (a) For age and service annuity, minimum annuity, and | 10 | | disability
benefits, the actual amount of the annual salary, | 11 | | except as otherwise
provided in this Article.
| 12 | | (b) For prior service annuity, widow's annuity, widow's | 13 | | prior
service annuity and child's annuity to and including | 14 | | August 31, 1957,
the amount of the annual salary up to a | 15 | | maximum of $3,000.
| 16 | | (c) Except as otherwise provided in Section 6-141.1, for |
| | | 10000SB0364sam001 | - 2 - | LRB100 05093 RPS 25854 a |
|
| 1 | | widow's annuity,
beginning September 1, 1957, the amount of | 2 | | annual salary up to a maximum of
$6,000.
| 3 | | (d) "Salary" means the actual amount of the annual salary | 4 | | attached to the
permanent career service rank held by the | 5 | | fireman, except as provided in
subsection (e).
| 6 | | (e) In the case of a fireman who holds an exempt position | 7 | | above career
service rank:
| 8 | | (1) For the purpose of computing employee and city | 9 | | contributions,
"salary" means the actual salary attached | 10 | | to the exempt rank position held
by the fireman.
| 11 | | (2) For the purpose of computing benefits: "salary" | 12 | | means the actual
salary attached to the exempt rank | 13 | | position held by the fireman, if (i) the
contributions | 14 | | specified in Section 6-211 have been made, (ii) the fireman | 15 | | has
held one or more exempt positions for at least 5 | 16 | | consecutive years and has held
the rank of battalion chief | 17 | | or field officer for at least 5 years during the
exempt | 18 | | period, and (iii) the fireman was born before 1966 1955 ; | 19 | | otherwise, "salary"
means the salary attached to the | 20 | | permanent career service rank held by the
fireman, as | 21 | | provided in subsection (d).
| 22 | | (f) Beginning on the effective date of this amendatory Act | 23 | | of the 93rd
General Assembly, and for any prior periods for | 24 | | which contributions have been
paid under subsection (g) of this | 25 | | Section, all salary payments made to any
active or former | 26 | | fireman who holds or previously held the permanent assigned
|
| | | 10000SB0364sam001 | - 3 - | LRB100 05093 RPS 25854 a |
|
| 1 | | position or classified career service rank, grade, or position | 2 | | of ambulance
commander shall be included as salary for all | 3 | | purposes under this Article.
| 4 | | (g) Any active or former fireman who held the permanent | 5 | | assigned position or
classified career service rank, grade, or | 6 | | position of ambulance commander may
elect to have the full | 7 | | amount of the salary attached to that permanent
assigned | 8 | | position or classified career service rank, grade, or position
| 9 | | included
in the calculation of his or her salary for any period | 10 | | during which the fireman
held the permanent assigned position | 11 | | or classified career service rank, grade,
or position of | 12 | | ambulance commander by applying in writing and making all
| 13 | | employee and employer contributions, without interest, related | 14 | | to the actual
salary payments corresponding to the permanent | 15 | | assigned position or classified
career service rank, grade, or | 16 | | position of ambulance commander for all periods
beginning on or | 17 | | after January 1, 1995. All applicable contributions must be
| 18 | | paid in full to the Fund before January 1, 2006 before the | 19 | | payment of any
benefit under this subsection (g) will be made.
| 20 | | Any former fireman or widow of a fireman who (i) held the | 21 | | permanent assigned
position or classified career service rank, | 22 | | grade, or position of ambulance
commander, (ii) is in receipt | 23 | | of annuity on the effective date of this
amendatory Act of the | 24 | | 93rd General Assembly, and (iii) pays to the Fund
contributions | 25 | | under this subsection (g) for salary payments at the permanent
| 26 | | assigned position or classified career service rank, grade, or |
| | | 10000SB0364sam001 | - 4 - | LRB100 05093 RPS 25854 a |
|
| 1 | | position of
ambulance commander shall have his or her annuity | 2 | | recalculated to reflect the
ambulance commander salary and the | 3 | | resulting increase shall become payable on
the next annuity | 4 | | payment date following the date the contribution is received
by | 5 | | the Fund.
| 6 | | In the case of an active or former fireman who (i) dies | 7 | | before January 1,
2006 without making an election under this | 8 | | subsection and (ii) was eligible to
make an election under this | 9 | | subsection at the time of death (or would have been
eligible | 10 | | had the death occurred after the effective date of this | 11 | | amendatory
Act), any surviving spouse, child, or parent of the | 12 | | fireman who is eligible
to receive a benefit under this Article | 13 | | based on the fireman's salary may make
that election and pay | 14 | | the required contributions on behalf of the deceased
fireman. | 15 | | If the death occurs within the 30 days immediately preceding | 16 | | January
1, 2006, the deadline for application and payment is | 17 | | extended to January 31,
2006.
| 18 | | Any portion of the compensation received for service as an | 19 | | ambulance
commander for which the corresponding contributions | 20 | | have not been paid
shall not be included in the calculation of | 21 | | salary.
| 22 | | (h) Beginning January 1, 1999, with respect to a fireman | 23 | | who is licensed by
the State as an Emergency Medical | 24 | | Technician, references in this Article to the
fireman's salary | 25 | | or the salary attached to or appropriated for the permanent
| 26 | | assigned position or classified career service rank, grade, or |
| | | 10000SB0364sam001 | - 5 - | LRB100 05093 RPS 25854 a |
|
| 1 | | position of the
fireman shall be deemed to include any | 2 | | additional compensation payable to the
fireman by virtue of | 3 | | being licensed as an Emergency Medical Technician, as
provided | 4 | | under a collective bargaining agreement with the city.
| 5 | | (i) Beginning on the effective date of this amendatory Act | 6 | | of the 93rd
General Assembly (and for any period prior to that | 7 | | date for which contributions
have been paid under subsection | 8 | | (j) of this Section), the salary of a fireman,
as calculated | 9 | | for any purpose under this Article, shall include any duty
| 10 | | availability pay received by the fireman (i) pursuant to a | 11 | | collective
bargaining agreement or (ii) pursuant to an | 12 | | appropriation ordinance in an
amount equivalent to the amount | 13 | | of duty availability pay received by other
firemen pursuant to | 14 | | a collective bargaining agreement, and references in this
| 15 | | Article to the salary attached to or appropriated for the | 16 | | permanent assigned
position or classified career service rank, | 17 | | grade, or position of the fireman
shall be deemed to include | 18 | | that duty availability pay.
| 19 | | (j) An active or former fireman who received duty | 20 | | availability pay at any
time after December 31, 1994 and before | 21 | | the effective date of this amendatory
Act of the 93rd General | 22 | | Assembly and who either (1) retired during that period
or (2) | 23 | | had attained age 46 and at least 16 years of service by the | 24 | | effective
date of this amendatory Act may elect to have that | 25 | | duty availability pay
included in the calculation of his or her | 26 | | salary for any portion of that period
for which the pay was |
| | | 10000SB0364sam001 | - 6 - | LRB100 05093 RPS 25854 a |
|
| 1 | | received, by applying in writing and paying to the Fund,
before | 2 | | January 1, 2006, the corresponding employee contribution,
| 3 | | without interest.
| 4 | | In the case of an applicant who is receiving an annuity at | 5 | | the time the
application and contribution are received by the | 6 | | Fund, the annuity shall be
recalculated and the resulting | 7 | | increase shall become payable on the next
annuity payment date | 8 | | following the date the contribution is received by the
Fund.
| 9 | | In the case of an active or former fireman who (i) dies | 10 | | before January 1,
2006 without making an election under this | 11 | | subsection and (ii) was eligible to
make an election under this | 12 | | subsection at the time of death (or would have been
eligible | 13 | | had the death occurred after the effective date of this | 14 | | amendatory
Act), any surviving spouse, child, or parent of the | 15 | | fireman who is eligible to
receive a benefit under this Article | 16 | | based on the fireman's salary may make
that election and pay | 17 | | the required contribution on behalf of the deceased
fireman. If | 18 | | the death occurs within the 30 days immediately preceding | 19 | | January
1, 2006, the deadline for application and payment is | 20 | | extended to January 31,
2006.
| 21 | | Any duty availability pay for which the corresponding | 22 | | employee contribution
has not been paid shall not be included | 23 | | in the calculation of salary.
| 24 | | (k) The changes to this Section made by this amendatory Act | 25 | | of the 93rd
General Assembly are not limited to firemen in | 26 | | service on or after the
effective date of this amendatory Act.
|
| | | 10000SB0364sam001 | - 7 - | LRB100 05093 RPS 25854 a |
|
| 1 | | (Source: P.A. 93-654, eff. 1-16-04.)
| 2 | | (40 ILCS 5/6-211)
(from Ch. 108 1/2, par. 6-211)
| 3 | | Sec. 6-211. Permanent and temporary positions; exempt | 4 | | positions above
career service rank.
| 5 | | (a) Except as specified in subsection (b), no annuity, | 6 | | pension or
other benefit shall be paid to a fireman or widow, | 7 | | under this Article, based
upon any salary paid by virtue of a | 8 | | temporary appointment, and all
contributions, annuities and | 9 | | benefits shall be related to the salary which
attaches to the | 10 | | permanent position of the fireman.
| 11 | | Any fireman temporarily serving in a position or rank other | 12 | | than that to
which he has received permanent appointment shall | 13 | | be considered, while so
serving, as though he were in his | 14 | | permanent position or rank, except that no
increase in any | 15 | | pension, annuity or other benefit hereunder shall accrue to
him | 16 | | by virtue of any service performed by him subsequent to | 17 | | attaining the
compulsory retirement age provided by law or | 18 | | ordinance.
| 19 | | This Section does not apply to any person certified to the
| 20 | | fire department by the civil service commission of the city, | 21 | | during the period
of probationary service.
| 22 | | A fireman who holds a position at the will of the Fire | 23 | | Commissioner or other
appointing authority, whether or not such | 24 | | position is an "exempt" position,
shall be deemed to hold a | 25 | | temporary position.
|
| | | 10000SB0364sam001 | - 8 - | LRB100 05093 RPS 25854 a |
|
| 1 | | (b) Beginning on the effective date of this amendatory Act | 2 | | of the 93rd
General Assembly, for service in an exempt position | 3 | | above career service rank,
employee contributions shall be | 4 | | based on the actual full salary attached to the
exempt rank | 5 | | position held by the fireman.
| 6 | | For service in an exempt position above career service | 7 | | rank, benefit
computations under this Article shall be based on | 8 | | the actual full salary
attached to the exempt rank position | 9 | | held by the fireman if and only if:
| 10 | | (1) employee contributions have been paid on the actual | 11 | | full salary
attached to the exempt rank position held by | 12 | | the fireman for all service
on or after January 1, 1994 in | 13 | | an exempt position above career service rank;
| 14 | | (2) the fireman has held one or more exempt positions | 15 | | for at least 5
consecutive years (or, in the case of a | 16 | | fireman who retired due to attainment
of compulsory | 17 | | retirement age before December 1, 2003, held one or more | 18 | | exempt
positions for a consecutive period of at least 3 | 19 | | years and 9 months and made
the payment required under | 20 | | subsection (c) for a period of at least 5 years) and
has | 21 | | held the rank of battalion chief or field officer for at | 22 | | least 5 years (at
least 3 years and 9 months in the case of | 23 | | a fireman who retired due to
attainment of compulsory | 24 | | retirement age before December 1, 2003) during the
exempt | 25 | | period; and
| 26 | | (3) the fireman was born before 1966 1955 .
|
| | | 10000SB0364sam001 | - 9 - | LRB100 05093 RPS 25854 a |
|
| 1 | | (c) For service prior to the effective date of this | 2 | | amendatory Act of the
93rd General Assembly in an exempt | 3 | | position above career service rank for
which contributions have | 4 | | been paid only on the salary attached to the fireman's
| 5 | | permanent career service rank, a fireman may make the | 6 | | contributions required
under subsection (b) by paying to the | 7 | | Fund before the later of the date of
retirement or 6 months | 8 | | after the effective date of this amendatory Act of the 100th | 9 | | General Assembly this amendatory Act , but
in no event later | 10 | | than July 1, 2018 2005 , an amount equal to the difference | 11 | | between
the employee contributions actually made for that | 12 | | service and the employee
contributions that would have been | 13 | | made based on the actual full salary
attached to the exempt | 14 | | rank position held by the fireman on or after January 1,
1994, | 15 | | plus interest thereon at the rate of 4% per year, compounded | 16 | | annually,
from the date of the service to the date of payment | 17 | | (or to the date of
retirement if retirement is before the | 18 | | effective date of this amendatory Act of the 100th General | 19 | | Assembly this amendatory Act ).
In the case of a fireman who | 20 | | retired in an exempt rank position after January
1, 1994 and | 21 | | before January 1, 1999 and in the case of a fireman who retired | 22 | | due
to attaining compulsory retirement age before December 1, | 23 | | 2003, the payment
under this subsection (c) shall be for a | 24 | | period of at least 5 years.
| 25 | | If a fireman dies while eligible to make the contributions | 26 | | required under
subsection (b) but before the contributions are |
| | | 10000SB0364sam001 | - 10 - | LRB100 05093 RPS 25854 a |
|
| 1 | | paid, the fireman's widow may
elect to make the contributions.
| 2 | | (d) Subsection (e) of Section 6-111 and the changes made to | 3 | | this Section
by this amendatory Act of the 93rd General | 4 | | Assembly apply to a fireman who
retires (or becomes disabled) | 5 | | on or after January 1, 1994. In the case of a
benefit payable | 6 | | on the effective date of this amendatory Act, the resulting
| 7 | | increase in benefit shall begin to accrue with the first | 8 | | benefit payment
period commencing after the required | 9 | | contributions are paid.
| 10 | | (e) If a fireman or his survivors do not qualify to have | 11 | | benefits computed
on the full amount of salary received for | 12 | | service in an exempt position as
provided in subsection (b), | 13 | | benefits shall be computed on the basis of the
salary attached | 14 | | to the permanent career service rank, and a refund of any
| 15 | | employee contributions paid on the difference between the | 16 | | actual salary and
the salary attached to the permanent career | 17 | | service rank shall be payable to
the fireman upon termination | 18 | | of service, or to the fireman's widow or estate
upon the | 19 | | fireman's death.
| 20 | | (f) The tax levy computed under Section 6-165 shall be | 21 | | based on employee
contributions, including the payments of | 22 | | employee contributions under
subsections (a), (b), and (c) of | 23 | | this Section 6-211.
| 24 | | (g) The city shall pay to the Fund on an annual basis, in | 25 | | addition to
the usual city contributions, an amount at least | 26 | | equal to the sum of (1) the
increase in normal cost resulting |
| | | 10000SB0364sam001 | - 11 - | LRB100 05093 RPS 25854 a |
|
| 1 | | from subsection (e) of Section 6-111 and
the changes made to | 2 | | this Section by this amendatory Act of the 93rd General
| 3 | | Assembly, plus (2) amortization (over a period of 30 years from | 4 | | the effective
date of this amendatory Act) of the initial | 5 | | unfunded liability resulting from
subsection (e) of Section | 6 | | 6-111 and the changes made to this Section by this
amendatory | 7 | | Act of the 93rd General Assembly. The payment required under | 8 | | this
subsection shall be no less than $400,000 per year. | 9 | | Payment shall begin with
the first calendar year commencing | 10 | | after the effective date of this amendatory
Act and shall be in | 11 | | addition to the tax levy otherwise calculated under Section
| 12 | | 6-165. The city may increase that tax levy by the amount of the | 13 | | payment
required under this subsection, or it may utilize any | 14 | | funds appropriated for
this purpose.
| 15 | | (Source: P.A. 93-654, eff. 1-16-04.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
|
|