Full Text of HB1973 95th General Assembly
HB1973 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1973
Introduced 2/26/2007, by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/6-111 |
from Ch. 108 1/2, par. 6-111 |
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Amends the Chicago Fire Article of the Illinois Pension Code. Includes specialty pay in the definition of "salary".
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| PENSION IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1973 |
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LRB095 09095 AMC 29287 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 6-111 as follows:
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| (40 ILCS 5/6-111)
(from Ch. 108 1/2, par. 6-111)
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| Sec. 6-111. Salary. "Salary": Subject to Section 6-211, the | 8 |
| annual salary
of a fireman, as follows:
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| (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.
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| (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.
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| (c) Except as otherwise provided in Section 6-141.1, for | 17 |
| widow's annuity,
beginning September 1, 1957, the amount of | 18 |
| annual salary up to a maximum of
$6,000.
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| (d) "Salary" means the actual amount of the annual salary | 20 |
| attached to the
permanent career service rank held by the | 21 |
| fireman , including specialty pay , except as provided in
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| subsection (e).
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| (e) In the case of a fireman who holds an exempt position |
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HB1973 |
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LRB095 09095 AMC 29287 b |
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| above career
service rank:
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| (1) For the purpose of computing employee and city | 3 |
| contributions,
"salary" means the actual salary attached | 4 |
| to the exempt rank position held
by the fireman.
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| (2) For the purpose of computing benefits: "salary" | 6 |
| means the actual
salary attached to the exempt rank | 7 |
| position held by the fireman, if (i) the
contributions | 8 |
| specified in Section 6-211 have been made, (ii) the fireman | 9 |
| has
held one or more exempt positions for at least 5 | 10 |
| consecutive years and has held
the rank of battalion chief | 11 |
| or field officer for at least 5 years during the
exempt | 12 |
| period, and (iii) the fireman was born before 1955; | 13 |
| otherwise, "salary"
means the salary attached to the | 14 |
| permanent career service rank held by the
fireman, as | 15 |
| provided in subsection (d).
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| (f) Beginning on the effective date of this amendatory Act | 17 |
| of the 93rd
General Assembly, and for any prior periods for | 18 |
| which contributions have been
paid under subsection (g) of this | 19 |
| Section, all salary payments made to any
active or former | 20 |
| fireman who holds or previously held the permanent assigned
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| position or classified career service rank, grade, or position | 22 |
| of ambulance
commander shall be included as salary for all | 23 |
| purposes under this Article.
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| (g) Any active or former fireman who held the permanent | 25 |
| assigned position or
classified career service rank, grade, or | 26 |
| position of ambulance commander may
elect to have the full |
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HB1973 |
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LRB095 09095 AMC 29287 b |
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| amount of the salary attached to that permanent
assigned | 2 |
| position or classified career service rank, grade, or position
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| included
in the calculation of his or her salary for any period | 4 |
| during which the fireman
held the permanent assigned position | 5 |
| or classified career service rank, grade,
or position of | 6 |
| ambulance commander by applying in writing and making all
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| employee and employer contributions, without interest, related | 8 |
| to the actual
salary payments corresponding to the permanent | 9 |
| assigned position or classified
career service rank, grade, or | 10 |
| position of ambulance commander for all periods
beginning on or | 11 |
| after January 1, 1995. All applicable contributions must be
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| paid in full to the Fund before January 1, 2006 before the | 13 |
| payment of any
benefit under this subsection (g) will be made.
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| Any former fireman or widow of a fireman who (i) held the | 15 |
| permanent assigned
position or classified career service rank, | 16 |
| grade, or position of ambulance
commander, (ii) is in receipt | 17 |
| of annuity on the effective date of this
amendatory Act of the | 18 |
| 93rd General Assembly, and (iii) pays to the Fund
contributions | 19 |
| under this subsection (g) for salary payments at the permanent
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| assigned position or classified career service rank, grade, or | 21 |
| position of
ambulance commander shall have his or her annuity | 22 |
| recalculated to reflect the
ambulance commander salary and the | 23 |
| resulting increase shall become payable on
the next annuity | 24 |
| payment date following the date the contribution is received
by | 25 |
| the Fund.
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| In the case of an active or former fireman who (i) dies |
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LRB095 09095 AMC 29287 b |
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| before January 1,
2006 without making an election under this | 2 |
| subsection and (ii) was eligible to
make an election under this | 3 |
| subsection at the time of death (or would have been
eligible | 4 |
| had the death occurred after the effective date of this | 5 |
| amendatory
Act), any surviving spouse, child, or parent of the | 6 |
| fireman who is eligible
to receive a benefit under this Article | 7 |
| based on the fireman's salary may make
that election and pay | 8 |
| the required contributions on behalf of the deceased
fireman. | 9 |
| If the death occurs within the 30 days immediately preceding | 10 |
| January
1, 2006, the deadline for application and payment is | 11 |
| extended to January 31,
2006.
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| Any portion of the compensation received for service as an | 13 |
| ambulance
commander for which the corresponding contributions | 14 |
| have not been paid
shall not be included in the calculation of | 15 |
| salary.
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| (h) Beginning January 1, 1999, with respect to a fireman | 17 |
| who is licensed by
the State as an Emergency Medical | 18 |
| Technician, references in this Article to the
fireman's salary | 19 |
| or the salary attached to or appropriated for the permanent
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| assigned position or classified career service rank, grade, or | 21 |
| position of the
fireman shall be deemed to include any | 22 |
| additional compensation payable to the
fireman by virtue of | 23 |
| being licensed as an Emergency Medical Technician, as
provided | 24 |
| under a collective bargaining agreement with the city.
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| (i) Beginning on the effective date of this amendatory Act | 26 |
| of the 93rd
General Assembly (and for any period prior to that |
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LRB095 09095 AMC 29287 b |
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| date for which contributions
have been paid under subsection | 2 |
| (j) of this Section), the salary of a fireman,
as calculated | 3 |
| for any purpose under this Article, shall include any duty
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| availability pay received by the fireman (i) pursuant to a | 5 |
| collective
bargaining agreement or (ii) pursuant to an | 6 |
| appropriation ordinance in an
amount equivalent to the amount | 7 |
| of duty availability pay received by other
firemen pursuant to | 8 |
| a collective bargaining agreement, and references in this
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| Article to the salary attached to or appropriated for the | 10 |
| permanent assigned
position or classified career service rank, | 11 |
| grade, or position of the fireman
shall be deemed to include | 12 |
| that duty availability pay.
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| (j) An active or former fireman who received duty | 14 |
| availability pay at any
time after December 31, 1994 and before | 15 |
| the effective date of this amendatory
Act of the 93rd General | 16 |
| Assembly and who either (1) retired during that period
or (2) | 17 |
| had attained age 46 and at least 16 years of service by the | 18 |
| effective
date of this amendatory Act may elect to have that | 19 |
| duty availability pay
included in the calculation of his or her | 20 |
| salary for any portion of that period
for which the pay was | 21 |
| received, by applying in writing and paying to the Fund,
before | 22 |
| January 1, 2006, the corresponding employee contribution,
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| without interest.
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| In the case of an applicant who is receiving an annuity at | 25 |
| the time the
application and contribution are received by the | 26 |
| Fund, the annuity shall be
recalculated and the resulting |
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LRB095 09095 AMC 29287 b |
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| increase shall become payable on the next
annuity payment date | 2 |
| following the date the contribution is received by the
Fund.
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| In the case of an active or former fireman who (i) dies | 4 |
| before January 1,
2006 without making an election under this | 5 |
| subsection and (ii) was eligible to
make an election under this | 6 |
| subsection at the time of death (or would have been
eligible | 7 |
| had the death occurred after the effective date of this | 8 |
| amendatory
Act), any surviving spouse, child, or parent of the | 9 |
| fireman who is eligible to
receive a benefit under this Article | 10 |
| based on the fireman's salary may make
that election and pay | 11 |
| the required contribution on behalf of the deceased
fireman. If | 12 |
| the death occurs within the 30 days immediately preceding | 13 |
| January
1, 2006, the deadline for application and payment is | 14 |
| extended to January 31,
2006.
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| Any duty availability pay for which the corresponding | 16 |
| employee contribution
has not been paid shall not be included | 17 |
| in the calculation of salary.
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| (k) The changes to this Section made by this amendatory Act | 19 |
| of the 93rd
General Assembly are not limited to firemen in | 20 |
| service on or after the
effective date of this amendatory Act.
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| (Source: P.A. 93-654, eff. 1-16-04.)
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