Illinois General Assembly - Full Text of HB4689
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Full Text of HB4689  95th General Assembly



State of Illinois
2007 and 2008


Introduced , by Rep. Donald L. Moffitt


40 ILCS 5/4-108   from Ch. 108 1/2, par. 4-108
30 ILCS 805/8.32 new

    Amends the Downstate Firefighter Article of the Illinois Pension Code. Allows a firefighter to establish creditable service for up to 3 years of service as an on-call firefighter at the rate of one year of creditable service for each 5 years of time spent as an on-call firefighter for a municipality, township, fire district, or volunteer firefighter association. Requires the employing municipality to consent to the establishment of the creditable service and the payment of employee contributions. Provides that "on-call firefighter" includes any firefighter, whether or not he or she is compensated, who is not qualified to participate in a pension fund established under the Code in that capacity. Amends the State Mandates Act to require implementation without reimbursement.

LRB095 16681 AMC 42712 b






HB4689 LRB095 16681 AMC 42712 b

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 4-108 as follows:
6     (40 ILCS 5/4-108)  (from Ch. 108 1/2, par. 4-108)
7     Sec. 4-108. Creditable service.
8     (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.
15     (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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1     (c) Creditable service includes:
2         (1) Service in the military, naval or air forces of the
3     United States entered upon when the person was an active
4     firefighter, provided that, upon applying for a permanent
5     pension, and in accordance with the rules of the board the
6     firefighter pays into the fund the amount that would have
7     been contributed had he or she been a regular contributor
8     during such period of service, if and to the extent that
9     the municipality which the firefighter served made no such
10     contributions in his or her behalf. The total amount of
11     such creditable service shall not exceed 5 years, except
12     that any firefighter who on July 1, 1973 had more than 5
13     years of such creditable service shall receive the total
14     amount thereof as of that date.
15         (2) Service prior to July 1, 1976 by a firefighter
16     initially excluded from participation by reason of age who
17     elected to participate and paid the required contributions
18     for such service.
19         (3) Up to 8 years of service by a firefighter as an
20     officer in a statewide firefighters' association when he is
21     on a leave of absence from a municipality's payroll,
22     provided that (i) the firefighter has at least 10 years of
23     creditable service as an active firefighter, (ii) the
24     firefighter contributes to the fund the amount that he
25     would have contributed had he remained an active member of
26     the fund, and (iii) the employee or statewide firefighter



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1     association contributes to the fund an amount equal to the
2     employer's required contribution as determined by the
3     board.
4         (4) Time spent as an on-call firefighter fireman for a
5     municipality, township, fire district, or volunteer
6     firefighter association calculated at the rate of one year
7     of creditable service for each 5 years of time spent as an
8     on-call firefighter fireman, provided that (i) the
9     firefighter has at least 5 18 years of creditable service
10     as an active firefighter, (ii) the firefighter spent at
11     least 5 14 years as an on-call firefighter for a the
12     municipality, township, fire district, or volunteer
13     firefighter association (iii) the employing municipality
14     consents to the purchase of additional creditable service,
15     the firefighter applies for such creditable service within
16     30 days after the effective date of this amendatory Act of
17     1989, (iv) the firefighter contributes to the Fund an
18     amount representing employee contributions for the number
19     of years of creditable service granted under this
20     subdivision (4), based on the salary and contribution rate
21     in effect for the firefighter at the date of entry into the
22     Fund, to be determined by the board, and (v) not more than
23     3 years of creditable service may be granted under this
24     subdivision (4). As used in this subdivision (4), "on-call
25     firefighter" includes any firefighter, whether or not he or
26     she is compensated, who is not qualified to participate in



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1     a pension fund established under this Code in that
2     capacity. Except as provided in Section 4-108.5,
3     creditable service shall not include time spent as a
4     volunteer firefighter, whether or not any compensation was
5     received therefor. The change made in this Section by
6     Public Act 83-0463 is intended to be a restatement and
7     clarification of existing law, and does not imply that
8     creditable service was previously allowed under this
9     Article for time spent as a volunteer firefighter.
10         (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
18     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
23     effect for the firefighter at the date of entry into the
24     pension fund, as determined by the Board.
25         (6) Service before becoming a participant by a
26     firefighter initially excluded from participation by



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1     reason of age who becomes a participant under the amendment
2     to Section 4-107 made by this amendatory Act of 1993 and
3     pays the required contributions for such service.
4         (7) Up to 3 years of time during which the firefighter
5     receives a disability pension under Section 4-110,
6     4-110.1, or 4-111, provided that (i) the firefighter
7     returns to active service after the disability for a period
8     at least equal to the period for which credit is to be
9     established and (ii) the firefighter makes contributions
10     to the fund based on the rates specified in Section 4-118.1
11     and the salary upon which the disability pension is based.
12     These contributions may be paid at any time prior to the
13     commencement of a retirement pension. The firefighter may,
14     but need not, elect to have the contributions deducted from
15     the disability pension or to pay them in installments on a
16     schedule approved by the board. If not deducted from the
17     disability pension, the contributions shall include
18     interest at the rate of 6% per year, compounded annually,
19     from the date for which service credit is being established
20     to the date of payment. If contributions are paid under
21     this subdivision (c)(7) in excess of those needed to
22     establish the credit, the excess shall be refunded. This
23     subdivision (c)(7) applies to persons receiving a
24     disability pension under Section 4-110, 4-110.1, or 4-111
25     on the effective date of this amendatory Act of the 91st
26     General Assembly, as well as persons who begin to receive



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1     such a disability pension after that date.
2 (Source: P.A. 94-856, eff. 6-15-06.)
3     Section 90. The State Mandates Act is amended by adding
4 Section 8.32 as follows:
5     (30 ILCS 805/8.32 new)
6     Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8
7 of this Act, no reimbursement by the State is required for the
8 implementation of any mandate created by this amendatory Act of
9 the 95th General Assembly.