Full Text of HB0899 94th General Assembly
HB0899 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0899
Introduced 2/2/2005, by Rep. Michael P. McAuliffe 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.
Allows purchase of service credit for up to 2 years of military service
during which the fireman was not on a leave of absence from employment.
Allows purchase at a reduced interest rate for 6 months.
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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HB0899 |
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LRB094 05966 EFG 36022 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| 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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HB0899 |
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LRB094 05966 EFG 36022 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
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| 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.
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| (C) In computing service on and after the effective date | 16 |
| for ordinary
disability benefit, all periods described in | 17 |
| subsection (B)
the preceding
paragraph , except any period for | 18 |
| which a fireman receives ordinary disability
benefit, shall be | 19 |
| counted as periods of service.
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| (D) In computing service for any of the purposes of this | 21 |
| Article,
credit shall be given for any periods prior to January | 22 |
| 9, 1997,
during which an active fireman (or fire paramedic) who | 23 |
| is a member of the
General Assembly is on leave of absence or | 24 |
| is otherwise
authorized to be absent from duty to enable him to | 25 |
| perform his legislative
duties, notwithstanding any reduction | 26 |
| in salary for such periods and
notwithstanding that the | 27 |
| contributions paid by the fireman were based on
such reduced | 28 |
| 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 | 31 |
| Article, credit
shall be given for up to 24 months of service | 32 |
| in the armed forces of the United
States during which the | 33 |
| fireman was not on leave of absence from employment
under this | 34 |
| Article. In order to receive creditable service for military
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| service under this subsection (E), a fireman must (1) apply to | 36 |
| the Fund in
writing and provide evidence of the military |
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| service that is satisfactory to
the Board and (2) make | 2 |
| contributions to the Fund equal to (i) the employee
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| contributions that would have been required had the service | 4 |
| been rendered as
a fireman, plus (ii) an amount determined by | 5 |
| the Board to be equal to the
employer's normal cost of the | 6 |
| benefits accrued for that military service, plus
(iii) interest | 7 |
| on items (i) and (ii) from the date of first membership in the
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| Fund following that military service to the date of payment. If | 9 |
| payment is
made during the 6-month period that begins 3 months | 10 |
| after the effective date of
this amendatory Act of the 94th | 11 |
| General Assembly, the required interest shall
be at the rate of | 12 |
| 2.5% per year, compounded annually; otherwise, the required
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| interest shall be calculated at the rate of 6% per year, | 14 |
| compounded annually.
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| (F) In computing service for any of the purposes of this | 16 |
| Article,
no credit shall be given for any period during which a | 17 |
| fireman was not
rendering active service because of his | 18 |
| discharge from the service,
unless proceedings to test the | 19 |
| legality of the discharge are filed in a
court of competent | 20 |
| jurisdiction within one year from the date of
discharge and a | 21 |
| final judgment is entered therein declaring the
discharge | 22 |
| illegal.
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| No overtime or extra service shall be included in computing | 24 |
| service
of a fireman and not more than one year or a proper | 25 |
| fractional part
thereof of service shall be allowed for service | 26 |
| 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 | 29 |
| 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 | 32 |
| of this
Act, no reimbursement by the State is required for the | 33 |
| implementation of
any mandate created by this amendatory Act of | 34 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law. |
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