State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

91_HB0398eng

 
HB0398 Engrossed                               LRB9101512EGfg

 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 4-113.

 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 4-113 as follows:

 7        (40 ILCS 5/4-113) (from Ch. 108 1/2, par. 4-113)
 8        Sec. 4-113.  Disability pension option.
 9        (a)  A firefighter who has  not  completed  at  least  20
10    years  of  creditable  service  and is receiving a disability
11    pension under this Article whose disability continues  for  a
12    period  which  when  added  to  his  or  her period of active
13    service equals 20 years may, if age  50  or  over,  elect  to
14    retire   from   the   fire   service  by  submitting  written
15    application to the  board.   A  firefighter  exercising  such
16    option  shall be entitled to continue to receive a retirement
17    pension equal in amount to the disability pension he  or  she
18    was  entitled  to as a disabled firefighter on the date he or
19    she  was  removed  from  the   municipality's   payroll   for
20    disability.   A firefighter electing to  exercise such option
21    shall be  entitled  to  the  automatic  increase  in  pension
22    provided under subsection (a) of Section 4-109.1.
23        (b)  A  firefighter who is receiving a disability pension
24    under this Article who has sufficient creditable  service  to
25    qualify  for  a  retirement pension and is age 50 or more may
26    elect to permanently retire from the fire service at any time
27    by submitting written application to the board.   The  salary
28    to be used in the determination of such firefighter's pension
29    shall be based on the salary attached to the rank held by the
30    firefighter  in  the fire service at the date of the election
31    to retire.  All other conditions in the  computation  of  the
 
HB0398 Engrossed            -2-                LRB9101512EGfg
 1    pension  shall  be based upon the provisions of Section 4-109
 2    which were applicable to the firefighter while he or she  was
 3    in  active service as an employee.  A firefighter electing to
 4    exercise such option  shall  be  entitled  to  the  automatic
 5    increase  in pension provided under subsection (a) of Section
 6    4-109.1.
 7    (Source: P.A. 83-1440.)

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