Full Text of SB3391 101st General Assembly
SB3391 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3391 Introduced 2/14/2020, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: | | |
Amends the Regulation of Public Pension Funds and the Downstate Firefighter Articles of the Illinois Pension Code. Provides that the Public Pension Division of the Department of Insurance or the Consolidated Fund may examine or investigate any downstate police or downstate firefighter pension fund as often as the Division or the Consolidated Fund deems appropriate but shall, at a minimum, conduct an examination of every downstate police and downstate firefighter pension fund not less frequently than once every 7 years (instead of once every 3 years). Provides that a pension fund shall request a hearing within 30 days after the receipt of the final report of examination and shall submit payment for the hearing cost, which shall not exceed $600. Establishes a penalty for a pension fund that fails, without just cause, to submit requested examination documentation. In a provision establishing penalties for pension funds that fail to file certain statements, specifies that a pension fund shall comply with the notice of noncompliance within 15 days. Provides that the Director of Insurance may assess a civil penalty of up to $4,000 (instead of $2,000) for each noncompliance with an order of the Director. In a provision of the Downstate Firefighter Article concerning the calculation of retirement pensions and automatic annual increases for eligible firefighters who participated in more than one pension fund, removes language limiting application of the provision to Tier 1 retirement pension amounts and Tier 1 automatic annual increases. Makes other changes. 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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| 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 | | Sections 1A-104, 1A-113, and 4-109.3 as follows:
| 6 | | (40 ILCS 5/1A-104)
| 7 | | Sec. 1A-104. Examinations and investigations.
| 8 | | (a) Except as described in the following paragraph with | 9 | | respect to pension funds established under Article 3 or 4 of | 10 | | this Code, the Division shall make periodic examinations and | 11 | | investigations of all
pension funds established under this Code | 12 | | and maintained for the benefit of
employees and officers of | 13 | | governmental units in the State of Illinois.
However, in lieu | 14 | | of making an examination and investigation, the Division
may | 15 | | accept and rely upon a report of audit or examination of any | 16 | | pension fund
made by an independent certified public accountant | 17 | | pursuant to the provisions
of the Article of this Code | 18 | | governing the pension fund. The acceptance of the
report of | 19 | | audit or examination does not bar the Division from making a | 20 | | further
audit, examination, and investigation if deemed | 21 | | necessary by the Division.
| 22 | | For pension funds established under Article 3 or 4 of this | 23 | | Code: (i) prior to the conclusion of the transition period, the |
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| 1 | | Division shall make the periodic examinations and | 2 | | investigations described in the preceding paragraph; and (ii) | 3 | | after the conclusion of the transition period, the Division may | 4 | | accept and rely upon a report of audit or examination of such | 5 | | pension fund made by an independent certified public accountant | 6 | | retained by the Consolidated Fund. The acceptance of the report | 7 | | of audit or examination does not bar the Division from making a | 8 | | further audit, examination, and investigation if deemed | 9 | | necessary by the Division. | 10 | | The Department may implement a flexible system of | 11 | | examinations under
which it directs resources as it deems | 12 | | necessary or appropriate. In
consultation with the pension fund | 13 | | being examined, the Division may retain
attorneys, independent | 14 | | actuaries, independent certified public accountants, and
other | 15 | | professionals and specialists as examiners, the cost of which | 16 | | (except in
the case of pension funds established under Article | 17 | | 3 or 4) shall be borne by
the pension fund that is the subject | 18 | | of the examination.
| 19 | | (b) The Division or the Consolidated Fund, as appropriate, | 20 | | may shall examine or investigate any each pension fund | 21 | | established
under Article 3 or Article 4 of this Code as often | 22 | | as the Division or the Consolidated Fund deems appropriate but | 23 | | shall, at a minimum, conduct an examination of every pension | 24 | | fund established under Article 3 or Article 4 of this Code not | 25 | | less frequently than once every 7 years . In determining the | 26 | | nature, scope, and frequency of the examinations, the Division |
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| 1 | | or the Consolidated Fund, whichever is applicable, shall use a | 2 | | risk-focused approach that may consider, but is not limited to, | 3 | | the following: The schedule of each examination shall be such | 4 | | that each fund shall be examined once every 3 years.
| 5 | | Each examination shall include the following:
| 6 | | (1) an audit of financial transactions, investment | 7 | | policies, and
procedures;
| 8 | | (2) an examination of books, records, documents, | 9 | | files, and other
pertinent memoranda relating to | 10 | | financial, statistical, and administrative
operations;
| 11 | | (3) a review of policies and procedures maintained for | 12 | | the administration
and operation of the pension fund;
| 13 | | (4) a determination of whether or not full effect is | 14 | | being given to the
statutory provisions governing the | 15 | | operation of the pension fund;
| 16 | | (5) a determination of whether or not the | 17 | | administrative policies in force
are in accord with the | 18 | | purposes of the statutory provisions and effectively
| 19 | | protect and preserve the rights and equities of the | 20 | | participants;
| 21 | | (6) a determination of whether or not proper financial | 22 | | and statistical
records have been established and adequate | 23 | | documentary evidence is recorded and
maintained in support | 24 | | of the several types of annuity and benefit payments
being | 25 | | made; and
| 26 | | (7) a determination of whether or not the calculations |
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| 1 | | made by the fund for the payment of all annuities and | 2 | | benefits are accurate. | 3 | | In addition, the Division or the Consolidated Fund, as | 4 | | appropriate, may conduct investigations, which shall be
| 5 | | identified as such and which may include one or more of the | 6 | | items listed in
this subsection.
| 7 | | Pension funds selected for examination shall have the | 8 | | period of time prescribed by rule after the date of receipt of | 9 | | the warrant of examiners to submit all requested documentation, | 10 | | subject to a penalty of $100 for each day of noncompliance. | 11 | | A copy of the report of examination or investigation as | 12 | | prepared by the
Division or the Consolidated Fund, as | 13 | | appropriate, shall be submitted to the secretary of the board | 14 | | of trustees of the
pension fund examined or investigated and to | 15 | | the chief executive officer of the municipality. The Director, | 16 | | upon request, shall grant
a hearing to the officers or trustees | 17 | | of the pension fund and to the officers or trustees of the | 18 | | Consolidated Fund, as appropriate, or their duly
appointed | 19 | | representatives, upon any facts contained in the report of
| 20 | | examination. The pension fund shall request such a hearing | 21 | | within 30 days after the receipt of the final report of | 22 | | examination and shall submit payment for the hearing cost, | 23 | | which shall not exceed $600. The hearing shall be conducted | 24 | | before filing the report or making
public any information | 25 | | contained in the report. The Director may withhold the
report | 26 | | from public inspection for up to 60 days following the hearing.
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| 1 | | Pursuant to this Section, the Division and the Board of the | 2 | | Consolidated Fund shall adopt rules that ensure consistency and | 3 | | due process in the examination process as necessary to | 4 | | accomplish the purposes of this Article. | 5 | | (Source: P.A. 101-610, eff. 1-1-20.)
| 6 | | (40 ILCS 5/1A-113)
| 7 | | Sec. 1A-113. Penalties.
| 8 | | (a) A pension fund that fails, without just cause, to file | 9 | | its annual
statement within the time prescribed under Section | 10 | | 1A-109 shall pay to the
Department a penalty to be determined | 11 | | by the Department, which shall not exceed
$100 for each day's | 12 | | delay , and the pension fund shall comply within 15 days after | 13 | | the receipt of the notice of noncompliance .
| 14 | | (a-5) A pension fund that fails, without just cause, to | 15 | | submit the requested examination documentation within the time | 16 | | prescribed in the written notice requesting the examination | 17 | | documentation shall pay to the Department a penalty to be | 18 | | determined by the Department, which shall not exceed $100 for | 19 | | each day's delay, and the pension fund shall comply within 15 | 20 | | days after the receipt of the notice of noncompliance. | 21 | | (b) A pension fund that fails, without just cause, to file | 22 | | its actuarial
statement within the time prescribed under | 23 | | Section 1A-110 or 1A-111 shall pay
to the Department a penalty | 24 | | to be determined by the Department, which shall not
exceed $100 | 25 | | for each day's delay , and the pension fund shall comply within |
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| 1 | | 15 days after the receipt of the notice of noncompliance .
| 2 | | (c) A pension fund that fails to pay a fee within the time | 3 | | prescribed under
Section 1A-112 shall pay to the Department a | 4 | | penalty of 5% of the amount of the
fee for each month or part of | 5 | | a month that the fee is late. The entire penalty
shall not | 6 | | exceed 25% of the fee due , and the pension fund shall comply | 7 | | within 15 days after receipt of the notice of noncompliance .
| 8 | | (d) This subsection applies to any governmental unit, as | 9 | | defined in Section
1A-102, that is subject to any law | 10 | | establishing a pension fund or retirement
system for the | 11 | | benefit of employees of the governmental unit.
| 12 | | Whenever the Division determines by examination, | 13 | | investigation, or in any
other manner that the governing body | 14 | | or any elected or appointed officer or
official of a | 15 | | governmental unit has failed to comply with any provision of | 16 | | that
law:
| 17 | | (1) The Director shall notify in writing the governing | 18 | | body, officer, or
official of the specific provision or | 19 | | provisions of the law with which the
person has failed to | 20 | | comply.
| 21 | | (2) Upon receipt of the notice, the person notified | 22 | | shall take immediate
steps to comply with the provisions of | 23 | | law specified in the notice.
| 24 | | (3) If the person notified fails to comply within a | 25 | | reasonable time after
receiving the notice, the Director | 26 | | may hold a hearing at which the person
notified may show |
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| 1 | | cause for noncompliance with the law.
| 2 | | (4) If upon hearing the Director determines that good | 3 | | and sufficient cause
for noncompliance has not been shown, | 4 | | the Director may order the person to
submit evidence of | 5 | | compliance within a specified period of not less than 30
| 6 | | days.
| 7 | | (5) If evidence of compliance has not been submitted to | 8 | | the Director
within the period of time prescribed in the | 9 | | order and no administrative appeal
from the order has been | 10 | | initiated by the pension fund , the Director may assess a | 11 | | civil penalty of
up to $4,000 $2,000 against the governing | 12 | | body, officer, or
official for each noncompliance with an | 13 | | order of the Director. The pension fund shall immediately | 14 | | comply with the Director's order, shall post on the pension | 15 | | fund's website all orders received, and shall note the | 16 | | order in the quarterly board minutes.
| 17 | | The Director shall develop by rule, with as much | 18 | | specificity as
practicable, the standards and criteria to be | 19 | | used in assessing penalties and
their amounts. The standards | 20 | | and criteria shall include, but need not be
limited to, | 21 | | consideration of evidence of efforts made in good faith to | 22 | | comply
with applicable legal requirements. This rulemaking is | 23 | | subject to the
provisions of the Illinois Administrative | 24 | | Procedure Act.
| 25 | | If a penalty is not paid within 30 days of the date of | 26 | | assessment or there is no compliance within 30 days after the |
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| 1 | | date of the order , the
Director without further notice shall | 2 | | report the act of noncompliance to the
Attorney General of this | 3 | | State. It shall be the duty of the Attorney General
or, if the | 4 | | Attorney General so designates, the State's Attorney of the | 5 | | county
in which the governmental unit is located to apply | 6 | | promptly by complaint on
relation of the Director of Insurance | 7 | | in the name of the people of the State of
Illinois, as | 8 | | plaintiff, to the circuit court of the county in which the
| 9 | | governmental unit is located for enforcement of the penalty | 10 | | prescribed in this
Section subsection or for such additional | 11 | | relief as the nature of the case and the
interest of the | 12 | | employees of the governmental unit or the public may require. | 13 | | The Attorney General or State's Attorney may order a pension | 14 | | fund's compliance with this Code.
| 15 | | (e) Whoever knowingly makes a false certificate, entry, or | 16 | | memorandum upon
any of the books or papers pertaining to any | 17 | | pension fund or upon any
statement, report, or exhibit filed or | 18 | | offered for file with the Division or
the Director of Insurance | 19 | | in the course of any examination, inquiry, or
investigation, | 20 | | with intent to deceive the Director, the Division, or any of | 21 | | its
employees is guilty of a Class A misdemeanor.
| 22 | | (f) Subsections (b) and (c) shall apply to pension funds | 23 | | established under Article 3 or Article 4 of this Code only | 24 | | prior to the conclusion of the transition period, and this | 25 | | Section shall not apply to the Consolidated Funds. | 26 | | (Source: P.A. 101-610, eff. 1-1-20.)
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| 1 | | (40 ILCS 5/4-109.3)
| 2 | | Sec. 4-109.3. Employee creditable service. | 3 | | (a) As used in this Section:
| 4 | | "Final monthly salary" means the monthly salary attached to | 5 | | the rank held by
the firefighter at the time of his or her last | 6 | | withdrawal from service under a
particular pension fund.
| 7 | | "Last pension fund" means the pension fund in which the | 8 | | firefighter was
participating at the time of his or her last | 9 | | withdrawal from service.
| 10 | | (b) The benefits provided under this Section are available | 11 | | only to a
firefighter who:
| 12 | | (1) is a firefighter at the time of withdrawal from the | 13 | | last
pension fund and for at least the final 3 years of | 14 | | employment prior to that
withdrawal;
| 15 | | (2) has established service credit with at least one | 16 | | pension fund
established under this Article other than the | 17 | | last pension fund;
| 18 | | (3) has a total of at least 20 years of service under | 19 | | the various
pension funds established under this Article | 20 | | and has attained age 50; and
| 21 | | (4) is in service on or after the effective date of | 22 | | this amendatory Act of
the 93rd General Assembly.
| 23 | | (c) A firefighter who is eligible for benefits under this | 24 | | Section may elect
to receive a retirement pension from each | 25 | | pension fund under this Article in
which the firefighter has at |
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| 1 | | least one year of service credit but has not received a refund | 2 | | under Section 4-116 (unless the firefighter repays that refund | 3 | | under subsection (g)) or subsection (c) of Section 4-118.1, by | 4 | | applying in
writing and paying the contribution required under | 5 | | subsection (i).
| 6 | | (d) From each such pension fund other than the last pension | 7 | | fund, in lieu
of any retirement pension otherwise payable under | 8 | | this Article, a firefighter
to whom this Section applies may | 9 | | elect to receive a monthly pension of 1/12th
of 2.5% of his or | 10 | | her final monthly salary under that fund for each month of
| 11 | | service in that fund, subject to a maximum of 75% of that final | 12 | | monthly salary.
| 13 | | (e) From the last pension fund, in lieu of any retirement | 14 | | pension otherwise
payable under this Article, a firefighter to | 15 | | whom this Section applies may
elect to receive a monthly | 16 | | pension calculated as follows:
| 17 | | The last pension fund shall calculate the retirement | 18 | | pension that
would be payable to the firefighter under | 19 | | subsection (a) of Section 4-109 as if he
or she had
| 20 | | participated in that last pension fund during his or her entire | 21 | | period of
service under all pension funds established under | 22 | | this Article (excluding any period of service for which the | 23 | | firefighter has received a refund under Section 4-116, unless | 24 | | the firefighter repays that refund under subsection (g), or for | 25 | | which the firefighter has received a refund under subsection | 26 | | (c) of Section 4-118.1).
From this hypothetical pension there |
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| 1 | | shall be subtracted the original amounts
of the retirement | 2 | | pensions payable to the firefighter by all other pension
funds | 3 | | under subsection (d). The remainder is the retirement pension | 4 | | payable
to the firefighter by the last pension fund under this | 5 | | subsection (e).
| 6 | | (f) Pensions elected under this Section shall be subject to | 7 | | increases as
provided in subsection (d) of Section 4-109.1.
| 8 | | (g) A current firefighter may reinstate creditable service | 9 | | in a
pension fund established under this Article that was | 10 | | terminated upon receipt of
a refund, by payment to that pension | 11 | | fund of the amount of the refund together
with interest thereon | 12 | | at the rate of 6% per year, compounded annually, from the
date | 13 | | of the refund to the date of payment. A repayment of a refund | 14 | | under this
Section may be made in equal installments over a | 15 | | period of up to 10 years, but
must be paid in full prior to | 16 | | retirement.
| 17 | | (h) As a condition of being eligible for the benefits | 18 | | provided in this Section, a person who is hired to a position | 19 | | as a firefighter on or after July 1, 2004 must, within 21 | 20 | | months after being hired, notify
the new employer, all of his | 21 | | or her previous employers under this Article, and
the Public | 22 | | Pension Division of the Division of Insurance of the Department | 23 | | of Financial and Professional Regulation of his or her intent | 24 | | to receive the benefits provided under this Section.
| 25 | | (i) In order to receive a pension under this Section or an | 26 | | occupational disease disability pension for which he or she |
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| 1 | | becomes eligible due to the application of subsection (m) of | 2 | | this Section, a firefighter must
pay to each pension fund from | 3 | | which he or she has elected to receive a pension under this | 4 | | Section a contribution equal to 1% of
monthly salary for each | 5 | | month of service credit that the firefighter has in
that fund | 6 | | (other than service credit for which the firefighter has | 7 | | already
paid the additional contribution required under | 8 | | subsection (c) of Section
4-118.1), together with interest | 9 | | thereon at the rate of 6% per annum, compounded
annually, from | 10 | | the firefighter's first day of employment with that fund or the | 11 | | first day of the fiscal year of that fund that immediately | 12 | | precedes the firefighter's first day of employment with that | 13 | | fund, whichever is earlier. | 14 | | In order for a firefighter who, as of the effective date of | 15 | | this amendatory Act of the 93rd General Assembly, has not begun | 16 | | to receive a pension under this Section or an occupational | 17 | | disease disability pension under subsection (m) of this Section | 18 | | and who has contributed 1/12th of 1% of monthly salary for each | 19 | | month of service credit that the firefighter has in
that fund | 20 | | (other than service credit for which the firefighter has | 21 | | already
paid the additional contribution required under | 22 | | subsection (c) of Section
4-118.1), together with the required | 23 | | interest thereon, to receive a pension under this Section or an | 24 | | occupational disease disability pension for which he or she | 25 | | becomes eligible due to the application of subsection (m) of | 26 | | this Section, the firefighter must, within one year after the |
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| 1 | | effective date of this amendatory Act of the 93rd General | 2 | | Assembly, make an additional contribution equal to 11/12ths of | 3 | | 1% of
monthly salary for each month of service credit that the | 4 | | firefighter has in
that fund (other than service credit for | 5 | | which the firefighter has already
paid the additional | 6 | | contribution required under subsection (c) of Section
| 7 | | 4-118.1), together with interest thereon at the rate of 6% per | 8 | | annum, compounded
annually, from the firefighter's first day of | 9 | | employment with that fund or the first day of the fiscal year | 10 | | of that fund that immediately precedes the firefighter's first | 11 | | day of employment with the fund, whichever is earlier. A | 12 | | firefighter who, as of the effective date of this amendatory | 13 | | Act of the 93rd General Assembly, has not begun to receive a | 14 | | pension under this Section or an occupational disease | 15 | | disability pension under subsection (m) of this Section and who | 16 | | has contributed 1/12th of 1% of monthly salary for each month | 17 | | of service credit that the firefighter has in
that fund (other | 18 | | than service credit for which the firefighter has already
paid | 19 | | the additional contribution required under subsection (c) of | 20 | | Section
4-118.1), together with the required interest thereon, | 21 | | in order to receive a pension under this Section or an | 22 | | occupational disease disability pension under subsection (m) | 23 | | of this Section, may elect, within one year after the effective | 24 | | date of this amendatory Act of the 93rd General Assembly to | 25 | | forfeit the benefits provided under this Section and receive a | 26 | | refund of that contribution.
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| 1 | | (j) A retired firefighter who is receiving pension payments | 2 | | under Section 4-109 may reenter active service under this | 3 | | Article. Subject to the provisions of Section 4-117, the | 4 | | firefighter may receive credit for service performed after the | 5 | | reentry if the firefighter (1) applies to receive credit for | 6 | | that service, (2) suspends his or her pensions under this | 7 | | Section,
and (3) makes the contributions required under | 8 | | subsection (i).
| 9 | | (k) A firefighter who is newly hired or promoted to a | 10 | | position as a
firefighter shall not be denied participation in | 11 | | a fund under this Article
based on his or her age. | 12 | | (l) If a firefighter who elects to make contributions under | 13 | | subsection (c) of Section 4-118.1 for the pension benefits | 14 | | provided under this Section becomes entitled to a disability | 15 | | pension under Section 4-110, the last pension fund is | 16 | | responsible to pay that disability pension and the amount of | 17 | | that disability pension shall be based only on the | 18 | | firefighter's service with the last pension fund. | 19 | | (m) Notwithstanding any provision in Section 4-110.1 to the | 20 | | contrary, if a firefighter who elects to make contributions | 21 | | under subsection (c) of Section 4-118.1 for the pension | 22 | | benefits provided under this Section becomes entitled to an | 23 | | occupational disease disability pension under Section 4-110.1, | 24 | | each pension fund to which the firefighter has made | 25 | | contributions under subsection (c) of Section 4-118.1 must pay | 26 | | a portion of that occupational disease disability pension equal |
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| 1 | | to the proportion that the firefighter's service credit with | 2 | | that pension fund for which the contributions under subsection | 3 | | (c) of Section 4-118.1 have been made bears to the | 4 | | firefighter's total service credit with all of the pension | 5 | | funds for which the contributions under subsection (c) of | 6 | | Section 4-118.1 have been made. A firefighter who has made | 7 | | contributions under subsection (c) of Section 4-118.1 for at | 8 | | least 5 years of creditable service shall be deemed to have met | 9 | | the 5-year creditable service requirement under Section | 10 | | 4-110.1, regardless of whether the firefighter has 5 years of | 11 | | creditable service with the last pension fund. | 12 | | (n) If a firefighter who elects to make contributions under | 13 | | subsection (c) of Section 4-118.1 for the pension benefits | 14 | | provided under this Section becomes entitled to a disability | 15 | | pension under Section 4-111, the last pension fund is | 16 | | responsible to pay that disability pension, provided that the | 17 | | firefighter has at least 7 years of creditable service with the | 18 | | last pension fund.
In the event a firefighter began employment | 19 | | with a new employer as a result of an intergovernmental | 20 | | agreement that resulted in the elimination of the previous | 21 | | employer's fire department, the firefighter shall not be | 22 | | required to have 7 years of creditable service with the last | 23 | | pension fund to qualify for a disability pension under Section | 24 | | 4-111. Under this circumstance, a firefighter shall be required | 25 | | to have 7 years of total combined creditable service time to | 26 | | qualify for a disability pension under Section 4-111. The |
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| 1 | | disability pension received pursuant to this Section shall be | 2 | | paid by the previous employer and new employer in proportion to | 3 | | the firefighter's years of service with each employer.
| 4 | | (Source: P.A. 95-1032, eff. 2-17-09; 95-1036, eff. 2-17-09.)
| 5 | | Section 90. The State Mandates Act is amended by adding | 6 | | Section 8.44 as follows: | 7 | | (30 ILCS 805/8.44 new) | 8 | | Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 | 9 | | of this Act, no reimbursement by the State is required for the | 10 | | implementation of any mandate created by this amendatory Act of | 11 | | the 101st General Assembly.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 40 ILCS 5/1A-104 | | | 4 | | 40 ILCS 5/1A-113 | | | 5 | | 40 ILCS 5/4-109.3 | | | 6 | | 30 ILCS 805/8.44 new | |
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