Full Text of HB4317 94th General Assembly
HB4317enr 94TH GENERAL ASSEMBLY
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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 4-108 and by adding Section 4-108.5 as follows:
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| (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
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| Sec. 4-108. Creditable service.
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| (a) Creditable service is the time served as a firefighter | 9 |
| of a
municipality. In computing creditable service, furloughs | 10 |
| and leaves of
absence without pay exceeding 30 days in any one | 11 |
| year shall not be counted,
but leaves of absence for illness or | 12 |
| accident regardless of length, and
periods of disability for | 13 |
| which a firefighter received no disability
pension payments | 14 |
| under this Article, shall be counted.
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| (b) Furloughs and leaves of absence of 30 days or less in | 16 |
| any one year may
be counted as creditable service, if the | 17 |
| firefighter makes the contribution
to the fund that would have | 18 |
| been required had he or she not been
on furlough or leave of | 19 |
| absence. To qualify for this creditable service,
the | 20 |
| firefighter must pay the required contributions to the fund not | 21 |
| more
than 90 days subsequent to the termination of the furlough | 22 |
| or leave of
absence, to the extent that the municipality has | 23 |
| not made such contribution
on his or her behalf.
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| (c) Creditable service includes:
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| (1) Service in the military, naval or air forces of the
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| United States entered upon when the person was an active
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| firefighter, provided
that, upon applying for a permanent | 28 |
| pension, and in accordance with the
rules of the board the | 29 |
| firefighter pays into the fund the amount that would
have | 30 |
| been contributed had he or she been a regular contributor | 31 |
| during such
period of service, if and to the extent that | 32 |
| the municipality which the
firefighter served made no such |
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| contributions in his or her behalf. The
total amount of | 2 |
| such creditable service shall not exceed 5 years, except
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| that any firefighter who on July 1, 1973 had more than 5 | 4 |
| years of such
creditable service shall receive the total | 5 |
| amount thereof as of that date.
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| (2) Service prior to July 1, 1976 by a firefighter | 7 |
| initially excluded
from participation by reason of age who | 8 |
| elected to participate and paid
the required contributions | 9 |
| for such service.
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| (3) Up to 8 years of service by a firefighter as an | 11 |
| officer in a statewide
firefighters' association when he is | 12 |
| on a leave of absence from a
municipality's payroll, | 13 |
| provided that (i) the firefighter has at least 10
years of | 14 |
| creditable service as an active firefighter, (ii) the | 15 |
| firefighter
contributes to the fund the amount that he | 16 |
| would have contributed had he
remained an active member of | 17 |
| the fund, and (iii) the employee or statewide
firefighter | 18 |
| association contributes to the fund an amount equal to the
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| employer's required contribution as determined by the | 20 |
| board.
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| (4) Time spent as an on-call fireman for a | 22 |
| municipality,
calculated at the rate of one year of | 23 |
| creditable service for each 5 years
of time spent as an | 24 |
| on-call fireman, provided that (i) the firefighter has
at | 25 |
| least 18 years of creditable service as an active | 26 |
| firefighter, (ii) the
firefighter spent at least 14 years | 27 |
| as an on-call firefighter for the
municipality, (iii) the | 28 |
| firefighter applies for such creditable service
within 30 | 29 |
| days after the effective date of this amendatory Act of | 30 |
| 1989,
(iv) the firefighter contributes to the Fund an | 31 |
| amount representing
employee contributions for the number | 32 |
| of years of creditable service
granted under this | 33 |
| subdivision (4), based on the salary and contribution
rate | 34 |
| in effect for the firefighter at the date of entry into the | 35 |
| Fund, to
be determined by the board, and (v) not more than | 36 |
| 3 years of creditable
service may be granted under this |
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| subdivision (4).
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| Except as provided in Section 4-108.5, creditable
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| Creditable service shall not under any other circumstances
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| include time
spent as a volunteer firefighter, whether or | 5 |
| not any compensation was received
therefor. The change made | 6 |
| in this Section by Public Act 83-0463 is intended
to be a | 7 |
| restatement and clarification of existing law, and does not | 8 |
| imply
that creditable service was previously allowed under | 9 |
| this Article for time
spent as a volunteer firefighter.
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| (5) Time served between July 1, 1976 and July 1, 1988 | 11 |
| in
the position of protective inspection officer or | 12 |
| administrative assistant
for fire services, for a | 13 |
| municipality with a population under 10,000 that is
located | 14 |
| in a county with a population over 3,000,000 and that | 15 |
| maintains a
firefighters' pension fund under this Article, | 16 |
| if the position included
firefighting duties, | 17 |
| notwithstanding that the person may not have held an
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| appointment as a firefighter, provided that application is | 19 |
| made to the
pension fund within 30 days after the effective | 20 |
| date of this amendatory Act
of 1991, and the corresponding | 21 |
| contributions are paid for the number of
years of service | 22 |
| granted, based upon the salary and contribution rate in
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| effect for the firefighter at the date of entry into the | 24 |
| pension fund, as
determined by the Board.
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| (6) Service before becoming a participant by a | 26 |
| firefighter initially
excluded from participation by | 27 |
| reason of age who becomes a participant
under the amendment | 28 |
| to Section 4-107 made by this amendatory Act of 1993 and
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| pays the required contributions for such service.
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| (7) Up to 3 years of time during which the firefighter | 31 |
| receives a
disability pension under Section 4-110, | 32 |
| 4-110.1, or 4-111, provided that (i)
the firefighter | 33 |
| returns to active service after the disability for a period | 34 |
| at
least equal to the period for which credit is to be | 35 |
| established and (ii) the
firefighter makes contributions | 36 |
| to the fund based on the rates specified in
Section 4-118.1 |
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| and the salary upon which the disability pension is based.
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| These contributions may be paid at any time prior to the | 3 |
| commencement of a
retirement pension. The firefighter may, | 4 |
| but need not, elect to have the
contributions deducted from | 5 |
| the disability pension or to pay them in
installments on a | 6 |
| schedule approved by the board. If not deducted from the
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| disability pension, the contributions
shall include | 8 |
| interest at the rate of 6% per year, compounded annually, | 9 |
| from
the date for which service credit is being established | 10 |
| to the date of payment.
If contributions are paid under | 11 |
| this subdivision (c)(7) in excess of those
needed to | 12 |
| establish the credit, the excess shall be refunded. This
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| subdivision (c)(7) applies to persons receiving a | 14 |
| disability pension under
Section 4-110, 4-110.1, or 4-111 | 15 |
| on the effective date of this amendatory Act
of the 91st | 16 |
| General Assembly, as well as persons who begin to receive | 17 |
| such a
disability pension after that date.
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| (Source: P.A. 91-466, eff. 8-6-99.)
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| (40 ILCS 5/4-108.5 new) | 20 |
| Sec. 4-108.5. Service for providing certain fire | 21 |
| protection services.
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| (a) A firefighter for a participating municipality who was | 23 |
| employed as an active firefighter providing fire protection for | 24 |
| a village or incorporated town with a population of greater | 25 |
| than 10,000 but less that 11,000 located in a county with a | 26 |
| population of greater than 600,000 and less than 700,000, as | 27 |
| estimated by the United States Census on July 1, 2004, may | 28 |
| elect to establish creditable service for periods of that | 29 |
| employment in which the firefighter provided fire protection | 30 |
| services for the participating municipality if, by May 1, 2007, | 31 |
| the firefighter (i) makes written application to the Board and | 32 |
| (ii) pays into the pension fund the amount that the person | 33 |
| would have contributed had deductions from salary been made for | 34 |
| this purpose at the time the service was rendered, plus | 35 |
| interest thereon at 6% per annum compounded annually from the |
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| time the service was rendered until the date of payment. | 2 |
| (b) Time spent providing fire protection on a part-time | 3 |
| basis for a village or incorporated town with a population of | 4 |
| greater than 10,000 but less than 11,000 located in a county | 5 |
| with a population of greater than 600,000 and less than | 6 |
| 700,000, as estimated by the United States Census on July 1, | 7 |
| 2004, shall be calculated at the rate of one year of creditable | 8 |
| service for each 5 years of time spent providing such fire | 9 |
| protection, if the firefighter (i) has at least 5 years of | 10 |
| creditable service as an active firefighter, (ii) has at least | 11 |
| 5 years of such service with a qualifying village or | 12 |
| incorporated town, (iii) applies for the creditable service | 13 |
| within 30 days after the effective date of this amendatory Act | 14 |
| of the 94th General Assembly, and (iv) contributes to the Fund | 15 |
| an amount representing employee contributions for the number of | 16 |
| years of creditable service granted under this subsection (b) | 17 |
| based on the salary and contribution rate in effect for the | 18 |
| firefighter at the date of entry into the fund, as determined | 19 |
| by the Board. The amount of creditable service granted under | 20 |
| this subsection (b) may not exceed 3 years.
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| Section 90. The State Mandates Act is amended by adding | 22 |
| Section 8.30 as
follows:
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| (30 ILCS 805/8.30 new)
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| Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 | 25 |
| of this
Act, no reimbursement by the State is required for the | 26 |
| implementation of
any mandate created by this amendatory Act of | 27 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.
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