State of Illinois
92nd General Assembly

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 1        AN ACT in relation to 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
 5    changing Section 6-111 as follows:

 6        (40 ILCS 5/6-111) (from Ch. 108 1/2, par. 6-111)
 7        Sec. 6-111. Salary.  "Salary": Subject to Section  6-211,
 8    the annual salary of a fireman, as follows:
 9        (a)  For  age  and  service annuity, minimum annuity, and
10    disability benefits, the actual amount of the annual  salary,
11    except as otherwise provided in this Article.;
12        (b)  For  prior service annuity, widow's annuity, widow's
13    prior service annuity and child's annuity  to  and  including
14    August  31,  1957,  the  amount  of the annual salary up to a
15    maximum of $3,000.;
16        (c)  Except as otherwise provided in Section 6-141.1, for
17    widow's annuity, beginning September 1, 1957, the  amount  of
18    annual salary up to a maximum of $6,000.
19        (d)  Beginning  on  the effective date of this amendatory
20    Act of the 92nd General Assembly (and for any period prior to
21    that date  for  which  contributions  have  been  paid  under
22    subsection  (e) of this Section), the salary of a fireman, as
23    calculated for any purpose under this Article, shall  include
24    any  duty  availability  pay  received  by  the  fireman  (i)
25    pursuant   to  a  collective  bargaining  agreement  or  (ii)
26    pursuant  to  an  appropriation  ordinance   in   an   amount
27    equivalent to the amount of duty availability pay received by
28    other  firemen pursuant to a collective bargaining agreement,
29    and references in this Article to the salary attached  to  or
30    appropriated   for   the   permanent   assigned  position  or
31    classified career service rank, grade,  or  position  of  the
                            -2-                LRB9212535EGfg
 1    fireman  shall  be  deemed  to include that duty availability
 2    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 the 92nd
 6    General Assembly and  who  either  (1)  retired  during  that
 7    period  or  (2)  had attained age 46 and at least 16 years of
 8    service by the effective date  of  this  amendatory  Act  may
 9    elect  to  have  that  duty  availability pay included in the
10    calculation of his or her salary  for  any  portion  of  that
11    period for which the pay was received, by applying in writing
12    and   paying  to  the  Fund,  before  January  1,  2005,  the
13    corresponding employee 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, 2005 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), any surviving spouse, child, or parent
26    of the fireman who is eligible to  receive  a  benefit  under
27    this  Article  based  on  the  fireman's salary may make that
28    election and pay the required contribution on behalf  of  the
29    deceased  fireman.   If  the  death occurs within the 30 days
30    immediately preceding  January  1,  2005,  the  deadline  for
31    application and payment is extended to January 31, 2005.
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.
                            -3-                LRB9212535EGfg
 1        (f)  The changes to this Section made by this  amendatory
 2    Act  of  the 92nd General Assembly are not limited to firemen
 3    in service on or after the effective date of this  amendatory
 4    Act.
 5    (Source: P.A. 83-1362.)

 6        Section  90.  The State Mandates Act is amended by adding
 7    Section 8.26 as follows:

 8        (30 ILCS 805/8.26 new)
 9        Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
10    and  8 of this Act, no reimbursement by the State is required
11    for  the  implementation  of  any  mandate  created  by  this
12    amendatory Act of the 92nd General Assembly.

13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

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