Full Text of HB2678 101st General Assembly
HB2678 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2678 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/4-109 | from Ch. 108 1/2, par. 4-109 | 30 ILCS 805/8.43 new | |
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Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that the final average salary of a person who first becomes a firefighter under the Article on or after January 1, 2011 shall be the greater of (1) the average monthly salary obtained by dividing the total salary of the firefighter during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period, or (2) the average monthly salary obtained by dividing the total salary of the firefighter during the 48 consecutive months of service within the last 60 months of service in which the total salary was the highest by the number of months of service in that period (currently, the final average salary is the average monthly salary obtained by dividing the total salary of the firefighter during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period). 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 |
| | A BILL FOR |
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| | | HB2678 | | LRB101 06701 RPS 51728 b |
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| 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 changing | 5 | | Section 4-109 as follows:
| 6 | | (40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
| 7 | | Sec. 4-109. Pension.
| 8 | | (a) A firefighter age 50 or more with 20 or more years of | 9 | | creditable
service, who is no longer in service as a | 10 | | firefighter, shall receive a monthly
pension of 1/2 the monthly | 11 | | salary attached to the rank held by him or her in
the fire | 12 | | service at the date of retirement.
| 13 | | The monthly pension shall be increased by 1/12 of 2.5% of | 14 | | such
monthly salary for each additional month over 20 years of | 15 | | service through 30
years of service, to a maximum of 75% of | 16 | | such monthly salary.
| 17 | | The changes made to this subsection (a) by this amendatory | 18 | | Act of the
91st General Assembly apply to all pensions that | 19 | | become payable under this
subsection on or after January 1, | 20 | | 1999. All pensions payable under this
subsection that began on | 21 | | or after January 1, 1999 and before the effective date
of this | 22 | | amendatory Act shall be recalculated, and the amount of the | 23 | | increase
accruing for that period shall be payable to the |
| | | HB2678 | - 2 - | LRB101 06701 RPS 51728 b |
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| 1 | | pensioner in a lump sum.
| 2 | | (b) A firefighter who retires or is separated from service | 3 | | having at
least 10 but less than 20 years of creditable | 4 | | service, who is not entitled
to receive a disability pension, | 5 | | and who did not apply for a refund of
contributions at his or | 6 | | her last separation from service shall receive a
monthly | 7 | | pension upon attainment of age 60 based on the monthly salary | 8 | | attached
to his or her rank in the fire service on the date of | 9 | | retirement or separation
from service according to the | 10 | | following schedule:
| 11 | | For 10 years of service, 15% of salary;
| 12 | | For 11 years of service, 17.6% of salary;
| 13 | | For 12 years of service, 20.4% of salary;
| 14 | | For 13 years of service, 23.4% of salary;
| 15 | | For 14 years of service, 26.6% of salary;
| 16 | | For 15 years of service, 30% of salary;
| 17 | | For 16 years of service, 33.6% of salary;
| 18 | | For 17 years of service, 37.4% of salary;
| 19 | | For 18 years of service, 41.4% of salary;
| 20 | | For 19 years of service, 45.6% of salary.
| 21 | | (c) Notwithstanding any other provision of this Article,
| 22 | | the provisions of this subsection (c) apply to a person who | 23 | | first
becomes a firefighter under this Article on or after | 24 | | January 1, 2011. | 25 | | A firefighter age 55 or more who has 10 or more years of | 26 | | service in that capacity shall be entitled at his option to |
| | | HB2678 | - 3 - | LRB101 06701 RPS 51728 b |
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| 1 | | receive a monthly pension for his service as a firefighter | 2 | | computed by multiplying 2.5% for each year of such service by | 3 | | his or her final average salary. | 4 | | The pension of a firefighter who is retiring after | 5 | | attaining age 50 with 10 or more years of creditable service | 6 | | shall be reduced by one-half of 1% for each month that the | 7 | | firefighter's age is under age 55. | 8 | | The maximum pension under this subsection (c) shall be 75%
| 9 | | of final average salary. | 10 | | For the purposes of this subsection (c), "final average | 11 | | salary" means the greater of (1) the average monthly salary | 12 | | obtained by dividing the total salary of the firefighter during | 13 | | the 96 consecutive months of service within the last 120 months | 14 | | of service in which the total salary was the highest by the | 15 | | number of months of service in that period , or (2) the average | 16 | | monthly salary obtained by dividing the total salary of the | 17 | | firefighter during the 48 consecutive months of service within | 18 | | the last 60 months of service in which the total salary was the | 19 | | highest by the number of months of service in that period . | 20 | | Beginning on January 1, 2011, for all purposes under
this | 21 | | Code (including without limitation the calculation of
benefits | 22 | | and employee contributions), the annual salary
based on the | 23 | | plan year of a member or participant to whom this Section | 24 | | applies shall not exceed $106,800; however, that amount shall | 25 | | annually thereafter be increased by the lesser of (i) 3% of | 26 | | that amount, including all previous adjustments, or (ii) |
| | | HB2678 | - 4 - | LRB101 06701 RPS 51728 b |
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| 1 | | one-half the annual unadjusted percentage increase (but not | 2 | | less than zero) in the consumer price index-u for the 12 months | 3 | | ending with the September preceding each November 1, including | 4 | | all previous adjustments. | 5 | | (Source: P.A. 96-1495, eff. 1-1-11.)
| 6 | | Section 90. The State Mandates Act is amended by adding | 7 | | Section 8.43 as follows: | 8 | | (30 ILCS 805/8.43 new) | 9 | | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | 10 | | of this Act, no reimbursement by the State is required for the | 11 | | implementation of any mandate created by this amendatory Act of | 12 | | the 101st General Assembly.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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