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90_HB2830
40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-111
30 ILCS 805/8.22 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 previously received, upon payment of the
corresponding employee contributions, without interest.
Amends the State Mandates Act to require implementation
without reimbursement. Effective immediately.
LRB9009438EGfg
LRB9009438EGfg
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 1998 (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 (i) pursuant to a
26 collective bargaining agreement or (ii) pursuant to an
27 appropriation ordinance in an amount equivalent to the amount
28 of duty availability pay received by other firemen pursuant
29 to a collective bargaining agreement, and references in this
30 Article to the salary attached to or appropriated for the
31 permanent assigned position or classified career service
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1 rank, grade, or position of the fireman shall be deemed to
2 include that duty availability pay.
3 (e) An active or former fireman who received duty
4 availability pay at any time after December 31, 1994 and
5 before the effective date of this amendatory Act of 1998 and
6 who either (1) retired during that period or (2) had attained
7 age 46 and at least 16 years of service by the effective date
8 of this amendatory Act of 1998 may elect to have that duty
9 availability pay included in the calculation of his or her
10 salary for any portion of that period for which the pay was
11 received, by applying in writing and paying to the Fund, no
12 later than December 31, 2000, the corresponding employee
13 contribution, without interest.
14 In the case of an applicant who is receiving an annuity
15 at the time the application and contribution are received by
16 the Fund, the annuity shall be recalculated and the resulting
17 increase shall become payable on the next annuity payment
18 date following the date the contribution is received by the
19 Fund.
20 In the case of an active or former fireman who (i) dies
21 before January 1, 2001 without making an election under this
22 subsection and (ii) was eligible to make an election under
23 this subsection at the time of death (or would have been
24 eligible had the death occurred after the effective date of
25 this amendatory Act of 1998), any surviving spouse, child, or
26 parent of the fireman who is eligible to receive a benefit
27 under this Article based on the fireman's salary may make
28 that election and pay the required contribution on behalf of
29 the deceased fireman. If the death occurs within the 30 days
30 immediately preceding January 1, 2001, the deadline for
31 application and payment is extended to January 31, 2001.
32 Any duty availability pay for which the corresponding
33 employee contribution has not been paid shall not be included
34 in the calculation of salary.
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1 (f) Beginning on the effective date of this amendatory
2 Act of 1998 (and for any period prior to that date for which
3 contributions have been paid under subsection (g) of this
4 Section), with respect to a fireman holding the permanent
5 assigned position or classified career service rank, grade,
6 or position of ambulance commander, references in this
7 Article to the fireman's salary or the salary attached to or
8 appropriated for the permanent assigned position or
9 classified career service rank, grade, or position of the
10 fireman shall be deemed to refer to the full amount of the
11 salary attached to the permanent assigned position or
12 classified career service rank, grade, or position of
13 ambulance commander and shall not be limited to the salary
14 attached to the rank held by the fireman before attaining the
15 permanent assigned position or classified career service
16 rank, grade, or position of ambulance commander.
17 (g) An active or former fireman who, at any time after
18 December 31, 1994 and before the effective date of this
19 amendatory Act of 1998, held the permanent assigned position
20 or classified career service rank, grade, or position of
21 ambulance commander and whose employee contributions to the
22 Fund were based on an amount less than the full salary then
23 attached to the permanent assigned position or classified
24 career service rank, grade, or position of ambulance
25 commander and received by the fireman and who either (1)
26 retired during that period or (2) has attained age 46 and at
27 least 16 years of service by the effective date of this
28 amendatory Act of 1998 may elect to have the full amount of
29 the salary attached to that permanent assigned position or
30 classified career service rank, grade, or position included
31 in the calculation of his or her salary for any portion of
32 that period during which the fireman held the permanent
33 assigned position or classified career service rank, grade,
34 or position of ambulance commander, by applying in writing
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1 and paying to the Fund, no later than December 31, 2000, the
2 appropriate additional employee contribution, without
3 interest.
4 In the case of an applicant who is receiving an annuity
5 at the time the application and contribution are received by
6 the Fund, the annuity shall be recalculated and the resulting
7 increase shall become payable on the next annuity payment
8 date following the date the contribution is received by the
9 Fund.
10 In the case of an active or former fireman who (i) dies
11 before January 1, 2001 without making an election under this
12 subsection and (ii) was eligible to make an election under
13 this subsection at the time of death (or would have been
14 eligible had the death occurred after the effective date of
15 this amendatory Act of 1998), any surviving spouse, child, or
16 parent of the fireman who is eligible to receive a benefit
17 under this Article based on the fireman's salary may make
18 that election and pay the required contribution on behalf of
19 the deceased fireman. If the death occurs within the 30 days
20 immediately preceding January 1, 2001, the deadline for
21 application and payment is extended to January 31, 2001.
22 Any portion of the compensation received for service as
23 an ambulance commander for which the corresponding employee
24 contribution has not been paid shall not be included in the
25 calculation of salary.
26 (h) The changes to this Section made by this amendatory
27 Act of 1998 are not limited to firemen in service on or after
28 the effective date of this amendatory Act.
29 (Source: P.A. 83-1362.)
30 Section 90. The State Mandates Act is amended by adding
31 Section 8.22 as follows:
32 (30 ILCS 805/8.22 new)
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1 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
2 and 8 of this Act, no reimbursement by the State is required
3 for the implementation of any mandate created by this
4 amendatory Act of 1998.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.