Full Text of HB1292 094th General Assembly
HB1292 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1292
Introduced 02/09/05, by Rep. Richard T. Bradley - John D'Amico - Michael P. McAuliffe - Daniel J. Burke - Joseph M. Lyons SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/6-209 |
from Ch. 108 1/2, par. 6-209 |
30 ILCS 805/8.29 new |
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Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that a fireman is not required to make contributions to the Fund in order to receive service credit for annuity purposes for time spent on leave of
absence during which he or she was engaged in active duty with the military or naval service of
the United States of America. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1292 |
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LRB094 08638 AMC 38847 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 6-209 as follows:
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| (40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
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| Sec. 6-209. Computation of service.
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| (A) In computing the service rendered by a fireman prior to
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| the effective date, the following periods shall be counted, in | 10 |
| addition
to all periods during which he performed the duties of | 11 |
| his position, as
periods of service for annuity purposes only: | 12 |
| All periods of (a)
vacation, (b) leave of absence with whole or | 13 |
| part pay, (c) leave of
absence without pay which were necessary | 14 |
| on account of disability, and
(d) leave of absence during which | 15 |
| he was engaged in the military or
naval service of the United | 16 |
| States of America. Service credit shall not
be allowed for any | 17 |
| period during which a fireman was in receipt of
pension on | 18 |
| account of disability from any pension fund superseded by
this | 19 |
| fund.
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| (B) In computing the service rendered by a fireman on and | 21 |
| after the
effective date, the following periods shall be | 22 |
| counted in addition to
all periods during which he performed | 23 |
| the duties of his position, as
periods of service for annuity | 24 |
| purposes only: All periods of (a)
vacation, (b) leave of | 25 |
| absence with whole or part pay, (c) leave of
absence during | 26 |
| which he was engaged in the military or naval service of
the | 27 |
| United States of America, (d) disability for which he receives | 28 |
| any
disability benefit, (e) disability for which he receives | 29 |
| whole or part
pay, (f) leave of absence, or other authorized | 30 |
| relief from active
duty, during which he served as president of | 31 |
| The Firemen's Association of
Chicago, (g) periods of suspension | 32 |
| from duty not to exceed a total of one
year during the total |
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HB1292 |
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LRB094 08638 AMC 38847 b |
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| period of service of the fireman, and (h) a period of
time not | 2 |
| to exceed 23 days in 1980 in accordance with an agreement with | 3 |
| the
City on a settlement of strike; provided that the fireman | 4 |
| elects to
make contributions to the Fund for the various | 5 |
| annuity and benefit purposes
according to the provisions of | 6 |
| this Article as though he were an active
fireman, based upon | 7 |
| the salary attached to the civil service rank held by
him | 8 |
| during such absence from duty, and if the fireman so elects, | 9 |
| the city
shall make the prescribed concurrent contributions for | 10 |
| such annuity and
benefit purposes as provided in this Article, | 11 |
| all to the end that such
fireman shall be entitled to receive | 12 |
| the same annuities and benefits for
which he would otherwise be | 13 |
| eligible if he had continued as an active
fireman during the | 14 |
| periods of absence from duty. Beginning September 11, 2001, | 15 |
| however, a fireman is not required to make contributions to the | 16 |
| Fund in order to receive service credit for annuity purposes | 17 |
| for time spent on leave of
absence during which he was engaged | 18 |
| in active duty with the military or naval service of
the United | 19 |
| States of America. The changes made to this Section by this | 20 |
| amendatory Act of the 94th General Assembly apply to persons | 21 |
| who are on such a leave of absence on or after September 11, | 22 |
| 2001, but do not entitle any person to a refund of | 23 |
| contributions already paid.
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| (C) In computing service on and after the effective date | 25 |
| for ordinary
disability benefit, all periods described in the | 26 |
| preceding paragraph,
except any period for which a fireman | 27 |
| receives ordinary disability
benefit, shall be counted as | 28 |
| periods of service.
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| (D) In computing service for any of the purposes of this | 30 |
| Article, credit
shall be given for any periods prior to January | 31 |
| 9, 1997,
during which an active fireman (or fire paramedic) who | 32 |
| is a member of the
General Assembly is on leave of absence or | 33 |
| is otherwise
authorized to be absent from duty to enable him to | 34 |
| perform his legislative
duties, notwithstanding any reduction | 35 |
| in salary for such periods and
notwithstanding that the | 36 |
| contributions paid by the fireman were based on
such reduced |
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HB1292 |
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LRB094 08638 AMC 38847 b |
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| salary rather than the full amount of salary attached to his
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| civil service rank.
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| (E) In computing service for any of the purposes of this | 4 |
| Article, no
credit shall be given for any period during which a | 5 |
| fireman was not
rendering active service because of his | 6 |
| discharge from the service,
unless proceedings to test the | 7 |
| legality of the discharge are filed in a
court of competent | 8 |
| jurisdiction within one year from the date of
discharge and a | 9 |
| final judgment is entered therein declaring the
discharge | 10 |
| illegal.
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| No overtime or extra service shall be included in computing | 12 |
| service
of a fireman and not more than one year or a proper | 13 |
| fractional part
thereof of service shall be allowed for service | 14 |
| rendered during any
calendar year.
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| (Source: P.A. 86-273; 86-1488; 87-1265.)
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| Section 90. The State Mandates Act is amended by adding | 17 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 20 |
| of this
Act, no reimbursement by the State is required for the | 21 |
| implementation of
any mandate created by this amendatory Act of | 22 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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