Illinois General Assembly - Full Text of HB0381
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Full Text of HB0381  102nd General Assembly

HB0381ham001 102ND GENERAL ASSEMBLY

Rep. Dan Ugaste

Filed: 4/13/2021

 

 


 

 


 
10200HB0381ham001LRB102 05124 RPS 25036 a

1
AMENDMENT TO HOUSE BILL 381

2    AMENDMENT NO. ______. Amend House Bill 381 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing 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
9effective date of this Section, an active member of an Article
104 firefighters' pension fund may apply for transfer to that
11fund of up to 6 years of his or her creditable service
12accumulated in the police pension fund under this Article that
13is administered by the same unit of local government if that
14active member was not subject to disciplinary action when he
15or she terminated employment with that police department. The
16creditable service shall be transferred upon payment by the

 

 

10200HB0381ham001- 2 -LRB102 05124 RPS 25036 a

1police pension fund to the Article 4 fund of an amount equal
2to:
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
11the transferred creditable service shall terminate on the date
12of transfer.
13    (a-5) At any time during the 6 months following the
14effective date of this amendatory Act of the 102nd General
15Assembly, an active member of an Article 4 firefighters'
16pension fund may apply for transfer to that fund of up to 8
17years of his or her creditable service accumulated in a police
18pension fund under this Article that is administered by a unit
19of local government if that active member was not subject to
20disciplinary action when he or she terminated employment with
21that police department. The creditable service shall be
22transferred upon payment by the police pension fund to the
23Article 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
6the transferred creditable service shall terminate on the date
7of transfer.
8    (b) At the time of applying for transfer of creditable
9service under this Section, an active member of an Article 4
10firefighters' pension fund may, for the purpose of that
11transfer, reinstate creditable service that was terminated by
12receipt of a refund, by payment to the police pension fund of
13the amount of the refund with interest thereon at the rate of
146% per year, compounded annually, from the date of the refund
15to 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
20of a municipality. In computing creditable service, furloughs
21and leaves of absence without pay exceeding 30 days in any one
22year shall not be counted, but leaves of absence for illness or
23accident regardless of length, and periods of disability for
24which a firefighter received no disability pension payments
25under this Article, shall be counted.

 

 

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1    (b) Furloughs and leaves of absence of 30 days or less in
2any one year may be counted as creditable service, if the
3firefighter makes the contribution to the fund that would have
4been required had he or she not been on furlough or leave of
5absence. To qualify for this creditable service, the
6firefighter must pay the required contributions to the fund
7not more than 90 days subsequent to the termination of the
8furlough or leave of absence, to the extent that the
9municipality has not made such contribution on his or her
10behalf.
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
20Section 8.45 as follows:
 
21    (30 ILCS 805/8.45 new)
22    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
238 of this Act, no reimbursement by the State is required for
24the implementation of any mandate created by this amendatory

 

 

10200HB0381ham001- 10 -LRB102 05124 RPS 25036 a

1Act of the 102nd General Assembly.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".