Full Text of HB0381 102nd General Assembly
HB0381ham001 102ND GENERAL ASSEMBLY | Rep. Dan Ugaste Filed: 4/13/2021
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| 1 | | AMENDMENT TO HOUSE BILL 381
| 2 | | AMENDMENT NO. ______. Amend House Bill 381 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 3-110.12 and 4-108 as follows: | 6 | | (40 ILCS 5/3-110.12) | 7 | | Sec. 3-110.12. Transfer to Article 4 fund. | 8 | | (a) At any time during the
6 months following the | 9 | | effective date of this Section, an active member of an Article | 10 | | 4 firefighters' pension fund may apply for transfer to that | 11 | | fund of up to 6 years of his or her creditable service | 12 | | accumulated
in the police pension fund under this Article that | 13 | | is administered by the same unit of local government if that | 14 | | active member was not subject to disciplinary action when he | 15 | | or she terminated employment with that police department. The | 16 | | creditable service shall be transferred upon payment by
the |
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| 1 | | police pension fund to the Article 4 fund of an amount
equal | 2 | | to: | 3 | | (1) the amounts accumulated to the credit of the | 4 | | applicant on the books
of the fund on the date of transfer | 5 | | for the service to be transferred; and | 6 | | (2) employer contributions in an amount equal to the | 7 | | amount determined
under item (1); and | 8 | | (3) any interest paid by the applicant in order to | 9 | | reinstate service. | 10 | | Participation in the police pension fund with respect to | 11 | | the transferred creditable service shall terminate on the date | 12 | | of transfer. | 13 | | (a-5) At any time during the
6 months following the | 14 | | effective date of this amendatory Act of the 102nd General | 15 | | Assembly, an active member of an Article 4 firefighters' | 16 | | pension fund may apply for transfer to that fund of up to 8 | 17 | | years of his or her creditable service accumulated
in a police | 18 | | pension fund under this Article that is administered by a unit | 19 | | of local government if that active member was not subject to | 20 | | disciplinary action when he or she terminated employment with | 21 | | that police department. The creditable service shall be | 22 | | transferred upon payment by
the police pension fund to the | 23 | | Article 4 fund of an amount
equal to: | 24 | | (1) the amounts accumulated to the credit of the | 25 | | applicant on the books
of the fund on the date of transfer | 26 | | for the service to be transferred; and |
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| 1 | | (2) employer contributions in an amount equal to the | 2 | | amount determined
under item (1); and | 3 | | (3) any interest paid by the applicant in order to | 4 | | reinstate service. | 5 | | Participation in the police pension fund with respect to | 6 | | the transferred creditable service shall terminate on the date | 7 | | of transfer. | 8 | | (b) At the time of applying for transfer of creditable | 9 | | service under this Section, an active member of an Article 4 | 10 | | firefighters' pension fund may, for the purpose of that | 11 | | transfer, reinstate creditable service that was
terminated by | 12 | | receipt of a refund, by payment to the police pension fund of | 13 | | the
amount of the refund with interest thereon at the rate of | 14 | | 6% per year,
compounded annually, from the date of the refund | 15 | | to the date of payment.
| 16 | | (Source: P.A. 100-544, eff. 11-8-17.)
| 17 | | (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
| 18 | | Sec. 4-108. Creditable service.
| 19 | | (a) Creditable service is the time served as a firefighter | 20 | | of a
municipality. In computing creditable service, furloughs | 21 | | and leaves of
absence without pay exceeding 30 days in any one | 22 | | year shall not be counted,
but leaves of absence for illness or | 23 | | accident regardless of length, and
periods of disability for | 24 | | which a firefighter received no disability
pension payments | 25 | | under this Article, shall be counted.
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| 1 | | (b) Furloughs and leaves of absence of 30 days or less in | 2 | | any one year may
be counted as creditable service, if the | 3 | | firefighter makes the contribution
to the fund that would have | 4 | | been required had he or she not been
on furlough or leave of | 5 | | absence. To qualify for this creditable service,
the | 6 | | firefighter must pay the required contributions to the fund | 7 | | not more
than 90 days subsequent to the termination of the | 8 | | furlough or leave of
absence, to the extent that the | 9 | | municipality has not made such contribution
on his or her | 10 | | behalf.
| 11 | | (c) Creditable service includes:
| 12 | | (1) Service in the military, naval or air forces of | 13 | | the
United States entered upon when the person was an | 14 | | active
firefighter, provided
that, upon applying for a | 15 | | permanent pension, and in accordance with the
rules of the | 16 | | board the firefighter pays into the fund the amount that | 17 | | would
have been contributed had he or she been a regular | 18 | | contributor during such
period of service, if and to the | 19 | | extent that the municipality which the
firefighter served | 20 | | made no such contributions in his or her behalf. The
total | 21 | | amount of such creditable service shall not exceed 5 | 22 | | years, except
that any firefighter who on July 1, 1973 had | 23 | | more than 5 years of such
creditable service shall receive | 24 | | the total amount thereof as of that date.
| 25 | | (1.5) Up to 24 months of service in the military, | 26 | | naval, or air forces of the United States that was served |
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| 1 | | prior to employment by a municipality or fire protection | 2 | | district as a firefighter. To receive the credit for the | 3 | | military service prior to the employment as a firefighter, | 4 | | the firefighter must apply in writing to the fund and must | 5 | | make contributions to the fund equal to (i) the employee | 6 | | contributions that would have been required had the | 7 | | service been rendered as a member, plus (ii) an amount | 8 | | determined by the fund to be equal to the employer's | 9 | | normal cost of the benefits accrued for that military | 10 | | service, plus (iii) interest at the actuarially assumed | 11 | | rate provided by the Department of Financial and | 12 | | Professional Regulation, compounded annually from the | 13 | | first date of membership in the fund to the date of payment | 14 | | on items (i) and (ii). The changes to this paragraph (1.5) | 15 | | by this amendatory Act of the 95th General Assembly apply | 16 | | only to participating employees in service on or after its | 17 | | effective date. | 18 | | (2) Service prior to July 1, 1976 by a firefighter | 19 | | initially excluded
from participation by reason of age who | 20 | | elected to participate and paid
the required contributions | 21 | | for such service.
| 22 | | (3) Up to 8 years of service by a firefighter as an | 23 | | officer in a statewide
firefighters' association when he | 24 | | is on a leave of absence from a
municipality's payroll, | 25 | | provided that (i) the firefighter has at least 10
years of | 26 | | creditable service as an active firefighter, (ii) the |
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| 1 | | firefighter
contributes to the fund the amount that he | 2 | | would have contributed had he
remained an active member of | 3 | | the fund, (iii) the employee or statewide
firefighter | 4 | | association contributes to the fund an amount equal to the
| 5 | | employer's required contribution as determined by the | 6 | | board, and (iv) for all leaves of absence under this | 7 | | subdivision (3), including those beginning before the | 8 | | effective date of this amendatory Act of the 97th General | 9 | | Assembly, the firefighter continues to remain in sworn | 10 | | status, subject to the professional standards of the | 11 | | public employer or those terms established in statute.
| 12 | | (4) Time spent as an on-call fireman for a | 13 | | municipality,
calculated at the rate of one year of | 14 | | creditable service for each 5 years
of time spent as an | 15 | | on-call fireman, provided that (i) the firefighter has
at | 16 | | least 18 years of creditable service as an active | 17 | | firefighter, (ii) the
firefighter spent at least 14 years | 18 | | as an on-call firefighter for the
municipality, (iii) the | 19 | | firefighter applies for such creditable service
within 30 | 20 | | days after the effective date of this amendatory Act of | 21 | | 1989,
(iv) the firefighter contributes to the Fund an | 22 | | amount representing
employee contributions for the number | 23 | | of years of creditable service
granted under this | 24 | | subdivision (4), based on the salary and contribution
rate | 25 | | in effect for the firefighter at the date of entry into the | 26 | | Fund, to
be determined by the board, and (v) not more than |
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| 1 | | 3 years of creditable
service may be granted under this | 2 | | subdivision (4).
| 3 | | Except as provided in Section 4-108.5, creditable | 4 | | service shall not
include time
spent as a volunteer | 5 | | firefighter, whether or not any compensation was received
| 6 | | therefor. The change made in this Section by Public Act | 7 | | 83-0463 is intended
to be a restatement and clarification | 8 | | of existing law, and does not imply
that creditable | 9 | | service was previously allowed under this Article for time
| 10 | | spent as a volunteer firefighter.
| 11 | | (5) Time served between July 1, 1976 and July 1, 1988 | 12 | | in
the position of protective inspection officer or | 13 | | administrative assistant
for fire services, for a | 14 | | municipality with a population under 10,000 that is
| 15 | | located in a county with a population over 3,000,000 and | 16 | | that maintains a
firefighters' pension fund under this | 17 | | Article, if the position included
firefighting duties, | 18 | | notwithstanding that the person may not have held an
| 19 | | appointment as a firefighter, provided that application is | 20 | | made to the
pension fund within 30 days after the | 21 | | effective date of this amendatory Act
of 1991, and the | 22 | | corresponding contributions are paid for the number of
| 23 | | years of service granted, based upon the salary and | 24 | | contribution rate in
effect for the firefighter at the | 25 | | date of entry into the pension fund, as
determined by the | 26 | | Board.
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| 1 | | (6) Service before becoming a participant by a | 2 | | firefighter initially
excluded from participation by | 3 | | reason of age who becomes a participant
under the | 4 | | amendment to Section 4-107 made by this amendatory Act of | 5 | | 1993 and
pays the required contributions for such service.
| 6 | | (7) Up to 3 years of time during which the firefighter | 7 | | receives a
disability pension under Section 4-110, | 8 | | 4-110.1, or 4-111, provided that (i)
the firefighter | 9 | | returns to active service after the disability for a | 10 | | period at
least equal to the period for which credit is to | 11 | | be established and (ii) the
firefighter makes | 12 | | contributions to the fund based on the rates specified in
| 13 | | Section 4-118.1 and the salary upon which the disability | 14 | | pension is based.
These contributions may be paid at any | 15 | | time prior to the commencement of a
retirement pension. | 16 | | The firefighter may, but need not, elect to have the
| 17 | | contributions deducted from the disability pension or to | 18 | | pay them in
installments on a schedule approved by the | 19 | | board. If not deducted from the
disability pension, the | 20 | | contributions
shall include interest at the rate of 6% per | 21 | | year, compounded annually, from
the date for which service | 22 | | credit is being established to the date of payment.
If | 23 | | contributions are paid under this subdivision (c)(7) in | 24 | | excess of those
needed to establish the credit, the excess | 25 | | shall be refunded. This
subdivision (c)(7) applies to | 26 | | persons receiving a disability pension under
Section |
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| 1 | | 4-110, 4-110.1, or 4-111 on the effective date of this | 2 | | amendatory Act
of the 91st General Assembly, as well as | 3 | | persons who begin to receive such a
disability pension | 4 | | after that date.
| 5 | | (8) Up to 6 years of service as a police officer and | 6 | | participant in an Article 3 police pension fund | 7 | | administered by the unit of local government that employs | 8 | | the firefighter under this Article, provided that the | 9 | | service has been transferred to, and the required payment | 10 | | received by, the Article 4 fund in accordance with | 11 | | subsection (a) of Section 3-110.12 of this Code. | 12 | | (9) Up to 8 years of service as a police officer and
| 13 | | participant in an Article 3 police pension fund | 14 | | administered by a unit of local government, provided that | 15 | | the service has been transferred to, and the required | 16 | | payment received by, the Article 4 fund in accordance with | 17 | | subsection (a-5) of Section 3-110.12 of this Code. | 18 | | (Source: P.A. 100-544, eff. 11-8-17.)
| 19 | | Section 90. The State Mandates Act is amended by adding | 20 | | Section 8.45 as follows: | 21 | | (30 ILCS 805/8.45 new) | 22 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | 23 | | 8 of this Act, no reimbursement by the State is required for | 24 | | the implementation of any mandate created by this amendatory |
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| 1 | | Act of the 102nd General Assembly.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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