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90_HB0120
40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-111
30 ILCS 805/8.21 new
Amends the Chicago Firefighter Article of the Pension
Code. Changes the definition of salary to include duty
availability pay and the full amount of ambulance commander
compensation. Allows certain persons to have their salary
for pension purposes retroactively adjusted to include duty
availability pay and the full ambulance commander
compensation received since January 1, 1995, upon payment of
the corresponding employee contributions without interest.
Amends the State Mandates Act to require implementation
without reimbursement. Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 6-111 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 6-111 as follows:
7 (40 ILCS 5/6-111) (from Ch. 108 1/2, par. 6-111)
8 Sec. 6-111. Salary. "Salary": Subject to Section 6-211,
9 the annual salary of a fireman, as follows:
10 (a) For age and service annuity, minimum annuity, and
11 disability benefits, the actual amount of the annual salary,
12 except as otherwise provided in this Article.;
13 (b) For prior service annuity, widow's annuity, widow's
14 prior service annuity and child's annuity to and including
15 August 31, 1957, the amount of the annual salary up to a
16 maximum of $3,000.;
17 (c) Except as otherwise provided in Section 6-141.1, for
18 widow's annuity, beginning September 1, 1957, the amount of
19 annual salary up to a maximum of $6,000.
20 (d) Beginning on the effective date of this amendatory
21 Act of 1997 (and for any period prior to that date for which
22 contributions have been paid under subsection (e) of this
23 Section), the salary of a fireman, as calculated for any
24 purpose under this Article, shall include any duty
25 availability pay received by the fireman pursuant to a
26 collective bargaining agreement, and references in this
27 Article to the salary attached to or appropriated for the
28 permanent or classified civil service rank, grade, or
29 position of the fireman shall be deemed to include that duty
30 availability pay.
31 (e) An active or former fireman who received duty
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1 availability pay at any time after December 31, 1994 and
2 before the effective date of this amendatory Act of 1997 and
3 who either (1) retired during that period or (2) had attained
4 age 46 and at least 16 years of service by the effective date
5 of this amendatory Act of 1997 may elect to have that duty
6 availability pay included in the calculation of his or her
7 salary for any portion of that period for which the pay was
8 received, by applying in writing and paying to the Fund, no
9 later December 31, 2000, the corresponding employee
10 contribution, without interest.
11 In the case of an applicant who is receiving an annuity
12 at the time the application and contribution are received by
13 the Fund, the annuity shall be recalculated and the resulting
14 increase shall become payable on the next annuity payment
15 date following the date the contribution is received by the
16 Fund.
17 In the case of an active or former fireman who (i) dies
18 before January 1, 2001 without making an election under this
19 subsection and (ii) was eligible to make an election under
20 this subsection at the time of death (or would have been
21 eligible had the death occurred after the effective date of
22 this amendatory Act of 1997), any surviving spouse, child, or
23 parent of the fireman who is eligible to receive a benefit
24 under this Article based on the fireman's salary may make
25 that election and pay the required contribution on behalf of
26 the deceased fireman. If the death occurs within the 30 days
27 immediately preceding January 1, 2001, the deadline for
28 application and payment is extended to January 31, 2001.
29 Any duty availability pay for which the corresponding
30 employee contribution has not been paid shall not be included
31 in the calculation of salary.
32 (f) Beginning on the effective date of this amendatory
33 Act of 1997 (and for any period prior to that date for which
34 contributions have been paid under subsection (g) of this
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1 Section), with respect to a fireman holding the rank of
2 ambulance commander, references in this Article to the
3 fireman's salary or the salary attached to or appropriated
4 for the permanent or classified civil service rank, grade, or
5 position of the fireman shall be deemed to refer to the full
6 amount of the salary attached to the rank of ambulance
7 commander and shall not be limited to the salary attached to
8 the rank held by the fireman before attaining the rank of
9 ambulance commander.
10 (g) An active or former fireman who, at any time after
11 December 31, 1994 and before the effective date of this
12 amendatory Act of 1997, held the rank of ambulance commander
13 and whose employee contributions to the Fund were based on an
14 amount less than the full salary then attached to the rank of
15 ambulance commander and received by the fireman and who
16 either (1) retired during that period or (2) has attained age
17 46 and at least 16 years of service by the effective date of
18 this amendatory Act of 1997 may elect to have the full amount
19 of the salary attached to that rank included in the
20 calculation of his or her salary for any portion of that
21 period during which the fireman held the rank of ambulance
22 commander, by applying in writing and paying to the Fund, no
23 later than December 31, 2000, the appropriate additional
24 employee contribution, without interest.
25 In the case of an applicant who is receiving an annuity
26 at the time the application and contribution are received by
27 the Fund, the annuity shall be recalculated and the resulting
28 increase shall become payable on the next annuity payment
29 date following the date the contribution is received by the
30 Fund.
31 In the case of an active or former fireman who (i) dies
32 before January 1, 2001 without making an election under this
33 subsection and (ii) was eligible to make an election under
34 this subsection at the time of death (or would have been
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1 eligible had the death occurred after the effective date of
2 this amendatory Act of 1997), any surviving spouse, child, or
3 parent of the fireman who is eligible to receive a benefit
4 under this Article based on the fireman's salary may make
5 that election and pay the required contribution on behalf of
6 the deceased fireman. If the death occurs within the 30 days
7 immediately preceding January 1, 2001, the deadline for
8 application and payment is extended to January 31, 2001.
9 Any portion of the compensation received for service as
10 an ambulance commander for which the corresponding employee
11 contribution has not been paid shall not be included in the
12 calculation of salary.
13 (h) The changes to this Section made by this amendatory
14 Act of 1997 are not limited to firemen in service on or after
15 the effective date of this amendatory Act.
16 (Source: P.A. 83-1362.)
17 Section 90. The State Mandates Act is amended by adding
18 Section 8.21 as follows:
19 (30 ILCS 805/8.21 new)
20 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
21 and 8 of this Act, no reimbursement by the State is required
22 for the implementation of any mandate created by this
23 amendatory Act of 1997.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.