[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1176
LRB9105659EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 4-108 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 4-108 as follows:
7 (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
8 Sec. 4-108. Creditable service.
9 (a) Creditable service is the time served as a
10 firefighter of a municipality. In computing creditable
11 service, furloughs and leaves of absence without pay
12 exceeding 30 days in any one year shall not be counted, but
13 leaves of absence for illness or accident regardless of
14 length, and periods of disability for which a firefighter
15 received no disability pension payments under this Article,
16 shall be counted.
17 (b) Furloughs and leaves of absence of 30 days or less
18 in any one year may be counted as creditable service, if the
19 firefighter makes the contribution to the fund that would
20 have been required had he or she not been on furlough or
21 leave of absence. To qualify for this creditable service,
22 the firefighter must pay the required contributions to the
23 fund not more than 90 days subsequent to the termination of
24 the furlough or leave of absence, to the extent that the
25 municipality has not made such contribution on his or her
26 behalf.
27 (c) Creditable service includes:
28 (1) Service in the military, naval or air forces of
29 the United States entered upon when the person was an
30 active firefighter, provided that, upon applying for a
31 permanent pension, and in accordance with the rules of
-2- LRB9105659EGfg
1 the board the firefighter pays into the fund the amount
2 that would have been contributed had he or she been a
3 regular contributor during such period of service, if and
4 to the extent that the municipality which the firefighter
5 served made no such contributions in his or her behalf.
6 The total amount of such creditable service shall not
7 exceed 5 years, except that any firefighter who on July
8 1, 1973 had more than 5 years of such creditable service
9 shall receive the total amount thereof as of that date.
10 (1.5) In addition to any creditable service
11 established under paragraph (1) of this subsection (c),
12 creditable service may be granted for up to 24 months of
13 service in the armed forces of the United States for
14 which credit is not available under paragraph (1).
15 In order to receive creditable service for military
16 service under this paragraph (1.5), a firefighter must
17 (i) apply to the fund in writing and provide evidence of
18 the military service that is satisfactory to the board;
19 (ii) obtain the written approval of the municipality; and
20 (iii) make contributions to the fund equal to (A) the
21 employee contributions that would have been required had
22 the service been rendered as a firefighter, plus (B) an
23 amount determined by the board to be equal to the
24 employer's normal cost of the benefits accrued for that
25 military service, plus (C) interest on items (A) and (B)
26 from the date of the military service (or the date of
27 first membership in the fund, if later) to the date of
28 payment. If payment is made during the 6-month period
29 that begins 3 months after the effective date of this
30 amendatory Act of the 91st General Assembly, the required
31 interest shall be calculated at the rate of 2.5% per
32 year, compounded annually; otherwise, the required
33 interest shall be calculated at the rate of 6% per year,
34 compounded annually.
-3- LRB9105659EGfg
1 (2) Service prior to July 1, 1976 by a firefighter
2 initially excluded from participation by reason of age
3 who elected to participate and paid the required
4 contributions for such service.
5 (3) Up to 8 years of service by a firefighter as an
6 officer in a statewide firefighters' association when he
7 is on a leave of absence from a municipality's payroll,
8 provided that (i) the firefighter has at least 10 years
9 of creditable service as an active firefighter, (ii) the
10 firefighter contributes to the fund the amount that he
11 would have contributed had he remained an active member
12 of the fund, and (iii) the employee or statewide
13 firefighter association contributes to the fund an amount
14 equal to the employer's required contribution as
15 determined by the board.
16 (4) Time spent as an on-call fireman for a
17 municipality, calculated at the rate of one year of
18 creditable service for each 5 years of time spent as an
19 on-call fireman, provided that (i) the firefighter has at
20 least 18 years of creditable service as an active
21 firefighter, (ii) the firefighter spent at least 14 years
22 as an on-call firefighter for the municipality, (iii) the
23 firefighter applies for such creditable service within 30
24 days after the effective date of this amendatory Act of
25 1989, (iv) the firefighter contributes to the Fund an
26 amount representing employee contributions for the number
27 of years of creditable service granted under this
28 subdivision (4), based on the salary and contribution
29 rate in effect for the firefighter at the date of entry
30 into the Fund, to be determined by the board, and (v) not
31 more than 3 years of creditable service may be granted
32 under this subdivision (4).
33 Creditable service shall not under any other
34 circumstances include time spent as a volunteer
-4- LRB9105659EGfg
1 firefighter, whether or not any compensation was received
2 therefor. The change made in this Section by Public Act
3 83-0463 is intended to be a restatement and clarification
4 of existing law, and does not imply that creditable
5 service was previously allowed under this Article for
6 time spent as a volunteer firefighter.
7 (5) Time served between July 1, 1976 and July 1,
8 1988 in the position of protective inspection officer or
9 administrative assistant for fire services, for a
10 municipality with a population under 10,000 that is
11 located in a county with a population over 3,000,000 and
12 that maintains a firefighters' pension fund under this
13 Article, if the position included firefighting duties,
14 notwithstanding that the person may not have held an
15 appointment as a firefighter, provided that application
16 is made to the pension fund within 30 days after the
17 effective date of this amendatory Act of 1991, and the
18 corresponding contributions are paid for the number of
19 years of service granted, based upon the salary and
20 contribution rate in effect for the firefighter at the
21 date of entry into the pension fund, as determined by the
22 Board.
23 (6) Service before becoming a participant by a
24 firefighter initially excluded from participation by
25 reason of age who becomes a participant under the
26 amendment to Section 4-107 made by this amendatory Act of
27 1993 and pays the required contributions for such
28 service.
29 (Source: P.A. 89-52, eff. 6-30-95.)
30 Section 90. The State Mandates Act is amended by adding
31 Section 8.23 as follows:
32 (30 ILCS 805/8.23 new)
-5- LRB9105659EGfg
1 Sec. 8.23. 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 the 91st General Assembly.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.