Full Text of SB0167 102nd General Assembly
SB0167enr 102ND GENERAL ASSEMBLY |
| | SB0167 Enrolled | | LRB102 10002 RPS 15320 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 | 5 | | changing Section 4-109.3 as follows: | 6 | | (40 ILCS 5/4-109.3)
| 7 | | Sec. 4-109.3. Employee creditable service. | 8 | | (a) As used in this Section:
| 9 | | "Final monthly salary" means the monthly salary attached | 10 | | to the rank held by
the firefighter at the time of his or her | 11 | | last withdrawal from service under a
particular pension fund.
| 12 | | "Last pension fund" means the pension fund in which the | 13 | | firefighter was
participating at the time of his or her last | 14 | | withdrawal from service.
| 15 | | (b) The benefits provided under this Section are available | 16 | | only to a
firefighter who:
| 17 | | (1) is a firefighter at the time of withdrawal from | 18 | | the last
pension fund and for at least the final 3 years of | 19 | | employment prior to that
withdrawal;
| 20 | | (2) has established service credit with at least one | 21 | | pension fund
established under this Article other than the | 22 | | last pension fund;
| 23 | | (3) has a total of at least 20 years of service under |
| | | SB0167 Enrolled | - 2 - | LRB102 10002 RPS 15320 b |
|
| 1 | | the various
pension funds established under this Article | 2 | | and has attained age 50; and
| 3 | | (4) is in service on or after the effective date of | 4 | | this amendatory Act of
the 93rd General Assembly.
| 5 | | (c) A firefighter who is eligible for benefits under this | 6 | | Section may elect
to receive a retirement pension from each | 7 | | pension fund under this Article in
which the firefighter has | 8 | | at least one year of service credit but has not received a | 9 | | refund under Section 4-116 (unless the firefighter repays that | 10 | | refund under subsection (g)) or subsection (c) of Section | 11 | | 4-118.1, by applying in
writing and paying the contribution | 12 | | required under subsection (i).
| 13 | | (d) From each such pension fund other than the last | 14 | | pension fund, in lieu
of any retirement pension otherwise | 15 | | payable under this Article, a firefighter
to whom this Section | 16 | | applies may elect to receive a monthly pension of 1/12th
of | 17 | | 2.5% of his or her final monthly salary under that fund for | 18 | | each month of
service in that fund, subject to a maximum of 75% | 19 | | of that final monthly salary.
| 20 | | (e) From the last pension fund, in lieu of any retirement | 21 | | pension otherwise
payable under this Article, a firefighter to | 22 | | whom this Section applies may
elect to receive a monthly | 23 | | pension calculated as follows:
| 24 | | The last pension fund shall calculate the retirement | 25 | | pension that
would be payable to the firefighter under | 26 | | subsection (a) of Section 4-109 as if he
or she had
|
| | | SB0167 Enrolled | - 3 - | LRB102 10002 RPS 15320 b |
|
| 1 | | participated in that last pension fund during his or her | 2 | | entire period of
service under all pension funds established | 3 | | under this Article (excluding any period of service for which | 4 | | the firefighter has received a refund under Section 4-116, | 5 | | unless the firefighter repays that refund under subsection | 6 | | (g), or for which the firefighter has received a refund under | 7 | | subsection (c) of Section 4-118.1).
From this hypothetical | 8 | | pension there shall be subtracted the original amounts
of the | 9 | | retirement pensions payable to the firefighter by all other | 10 | | pension
funds under subsection (d). The remainder is the | 11 | | retirement pension payable
to the firefighter by the last | 12 | | pension fund under this subsection (e).
| 13 | | (f) Pensions elected under this Section shall be subject | 14 | | to increases as
provided in subsection (d) of Section 4-109.1.
| 15 | | (g) A current firefighter may reinstate creditable service | 16 | | in a
pension fund established under this Article that was | 17 | | terminated upon receipt of
a refund, by payment to that | 18 | | pension fund of the amount of the refund together
with | 19 | | interest thereon at the rate of 6% per year, compounded | 20 | | annually, from the
date of the refund to the date of payment. A | 21 | | repayment of a refund under this
Section may be made in equal | 22 | | installments over a period of up to 10 years, but
must be paid | 23 | | in full prior to retirement.
| 24 | | (h) As a condition of being eligible for the benefits | 25 | | provided in this Section, a person who is hired to a position | 26 | | as a firefighter on or after July 1, 2004 must, within 21 |
| | | SB0167 Enrolled | - 4 - | LRB102 10002 RPS 15320 b |
|
| 1 | | months after being hired, notify
the new employer, all of his | 2 | | or her previous employers under this Article, and
the Public | 3 | | Pension Division of the Division of Insurance of the | 4 | | Department of Financial and Professional Regulation of his or | 5 | | her intent to receive the benefits provided under this | 6 | | Section.
| 7 | | As a condition of being eligible for the benefits provided | 8 | | in this Section, a person who first becomes a firefighter | 9 | | under this Article after December 31, 2010 must (1) within 21 | 10 | | months after being hired or within 21 months after the | 11 | | effective date of this amendatory Act of the 102nd General | 12 | | Assembly, whichever is later, notify the new employer, all of | 13 | | his or her previous employers under this Article, and the | 14 | | Public Pension Division of the Department of Insurance of his | 15 | | or her intent to receive the benefits provided under this | 16 | | Section; and (2) make the required contributions with | 17 | | applicable interest. A person who first becomes a firefighter | 18 | | under this Article after December 31, 2010 and who, before the | 19 | | effective date of this amendatory Act of the 102nd General | 20 | | Assembly, notified the new employer, all of his or her | 21 | | previous employers under this Article, and the Public Pension | 22 | | Division of the Department of Insurance of his or her intent to | 23 | | receive the benefits provided under this Section shall be | 24 | | deemed to have met the notice requirement under item (1) of the | 25 | | preceding sentence. The changes made to this Section by this | 26 | | amendatory Act of the 102nd General Assembly apply |
| | | SB0167 Enrolled | - 5 - | LRB102 10002 RPS 15320 b |
|
| 1 | | retroactively, notwithstanding Section 1-103.1. | 2 | | (i) In order to receive a pension under this Section or an | 3 | | occupational disease disability pension for which he or she | 4 | | becomes eligible due to the application of subsection (m) of | 5 | | this Section, a firefighter must
pay to each pension fund from | 6 | | which he or she has elected to receive a pension under this | 7 | | Section a contribution equal to 1% of
monthly salary for each | 8 | | month of service credit that the firefighter has in
that fund | 9 | | (other than service credit for which the firefighter has | 10 | | already
paid the additional contribution required under | 11 | | subsection (c) of Section
4-118.1), together with interest | 12 | | thereon at the rate of 6% per annum, compounded
annually, from | 13 | | the firefighter's first day of employment with that fund or | 14 | | the first day of the fiscal year of that fund that immediately | 15 | | precedes the firefighter's first day of employment with that | 16 | | fund, whichever is earlier. | 17 | | In order for a firefighter who, as of the effective date of | 18 | | this amendatory Act of the 93rd General Assembly, has not | 19 | | begun to receive a pension under this Section or an | 20 | | occupational disease disability pension under subsection (m) | 21 | | of this Section and who has contributed 1/12th of 1% of monthly | 22 | | salary for each month of service credit that the firefighter | 23 | | has in
that fund (other than service credit for which the | 24 | | firefighter has already
paid the additional contribution | 25 | | required under subsection (c) of Section
4-118.1), together | 26 | | with the required interest thereon, to receive a pension under |
| | | SB0167 Enrolled | - 6 - | LRB102 10002 RPS 15320 b |
|
| 1 | | this Section or an occupational disease disability pension for | 2 | | which he or she becomes eligible due to the application of | 3 | | subsection (m) of this Section, the firefighter must, within | 4 | | one year after the effective date of this amendatory Act of the | 5 | | 93rd General Assembly, make an additional contribution equal | 6 | | to 11/12ths of 1% of
monthly salary for each month of service | 7 | | credit that the firefighter has in
that fund (other than | 8 | | service credit for which the firefighter has already
paid the | 9 | | additional contribution required under subsection (c) of | 10 | | Section
4-118.1), together with interest thereon at the rate | 11 | | of 6% per annum, compounded
annually, from the firefighter's | 12 | | first day of employment with that fund or the first day of the | 13 | | fiscal year of that fund that immediately precedes the | 14 | | firefighter's first day of employment with the fund, whichever | 15 | | is earlier. A firefighter who, as of the effective date of this | 16 | | amendatory Act of the 93rd General Assembly, has not begun to | 17 | | receive a pension under this Section or an occupational | 18 | | disease disability pension under subsection (m) of this | 19 | | Section and who has contributed 1/12th of 1% of monthly salary | 20 | | for each month of service credit that the firefighter has in
| 21 | | that fund (other than service credit for which the firefighter | 22 | | has already
paid the additional contribution required under | 23 | | subsection (c) of Section
4-118.1), together with the required | 24 | | interest thereon, in order to receive a pension under this | 25 | | Section or an occupational disease disability pension under | 26 | | subsection (m) of this Section, may elect, within one year |
| | | SB0167 Enrolled | - 7 - | LRB102 10002 RPS 15320 b |
|
| 1 | | after the effective date of this amendatory Act of the 93rd | 2 | | General Assembly to forfeit the benefits provided under this | 3 | | Section and receive a refund of that contribution.
| 4 | | (j) A retired firefighter who is receiving pension | 5 | | payments under Section 4-109 may reenter active service under | 6 | | this Article. Subject to the provisions of Section 4-117, the | 7 | | firefighter may receive credit for service performed after the | 8 | | reentry if the firefighter (1) applies to receive credit for | 9 | | that service, (2) suspends his or her pensions under this | 10 | | Section,
and (3) makes the contributions required under | 11 | | subsection (i).
| 12 | | (k) A firefighter who is newly hired or promoted to a | 13 | | position as a
firefighter shall not be denied participation in | 14 | | a fund under this Article
based on his or her age. | 15 | | (l) If a firefighter who elects to make contributions | 16 | | under subsection (c) of Section 4-118.1 for the pension | 17 | | benefits provided under this Section becomes entitled to a | 18 | | disability pension under Section 4-110, the last pension fund | 19 | | is responsible to pay that disability pension and the amount | 20 | | of that disability pension shall be based only on the | 21 | | firefighter's service with the last pension fund. | 22 | | (m) Notwithstanding any provision in Section 4-110.1 to | 23 | | the contrary, if a firefighter who elects to make | 24 | | contributions under subsection (c) of Section 4-118.1 for the | 25 | | pension benefits provided under this Section becomes entitled | 26 | | to an occupational disease disability pension under Section |
| | | SB0167 Enrolled | - 8 - | LRB102 10002 RPS 15320 b |
|
| 1 | | 4-110.1, each pension fund to which the firefighter has made | 2 | | contributions under subsection (c) of Section 4-118.1 must pay | 3 | | a portion of that occupational disease disability pension | 4 | | equal to the proportion that the firefighter's service credit | 5 | | with that pension fund for which the contributions under | 6 | | subsection (c) of Section 4-118.1 have been made bears to the | 7 | | firefighter's total service credit with all of the pension | 8 | | funds for which the contributions under subsection (c) of | 9 | | Section 4-118.1 have been made. A firefighter who has made | 10 | | contributions under subsection (c) of Section 4-118.1 for at | 11 | | least 5 years of creditable service shall be deemed to have met | 12 | | the 5-year creditable service requirement under Section | 13 | | 4-110.1, regardless of whether the firefighter has 5 years of | 14 | | creditable service with the last pension fund. | 15 | | (n) If a firefighter who elects to make contributions | 16 | | under subsection (c) of Section 4-118.1 for the pension | 17 | | benefits provided under this Section becomes entitled to a | 18 | | disability pension under Section 4-111, the last pension fund | 19 | | is responsible to pay that disability pension, provided that | 20 | | the firefighter has at least 7 years of creditable service | 21 | | with the last pension fund.
In the event a firefighter began | 22 | | employment with a new employer as a result of an | 23 | | intergovernmental agreement that resulted in the elimination | 24 | | of the previous employer's fire department, the firefighter | 25 | | shall not be required to have 7 years of creditable service | 26 | | with the last pension fund to qualify for a disability pension |
| | | SB0167 Enrolled | - 9 - | LRB102 10002 RPS 15320 b |
|
| 1 | | under Section 4-111. Under this circumstance, a firefighter | 2 | | shall be required to have 7 years of total combined creditable | 3 | | service time to qualify for a disability pension under Section | 4 | | 4-111. The disability pension received pursuant to this | 5 | | Section shall be paid by the previous employer and new | 6 | | employer in proportion to the firefighter's years of service | 7 | | with each employer.
| 8 | | (Source: P.A. 95-1032, eff. 2-17-09; 95-1036, eff. 2-17-09.)
| 9 | | Section 90. The State Mandates Act is amended by adding | 10 | | Section 8.45 as follows: | 11 | | (30 ILCS 805/8.45 new) | 12 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | 13 | | 8 of this Act, no reimbursement by the State is required for | 14 | | the implementation of any mandate created by this amendatory | 15 | | Act of the 102nd General Assembly.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law. |
|