Public Act 095-1032
 
HB2047 Enrolled LRB095 01517 AMC 21519 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by changing
Section 4-109.3 as follows:
 
    (40 ILCS 5/4-109.3)
    Sec. 4-109.3. Employee creditable service.
    (a) As used in this Section:
    "Final monthly salary" means the monthly salary attached to
the rank held by the firefighter at the time of his or her last
withdrawal from service under a particular pension fund.
    "Last pension fund" means the pension fund in which the
firefighter was participating at the time of his or her last
withdrawal from service.
    (b) The benefits provided under this Section are available
only to a firefighter who:
        (1) is a firefighter at the time of withdrawal from the
    last pension fund and for at least the final 3 years of
    employment prior to that withdrawal;
        (2) has established service credit with at least one
    pension fund established under this Article other than the
    last pension fund;
        (3) has a total of at least 20 years of service under
    the various pension funds established under this Article
    and has attained age 50; and
        (4) is in service on or after the effective date of
    this amendatory Act of the 93rd General Assembly.
    (c) A firefighter who is eligible for benefits under this
Section may elect to receive a retirement pension from each
pension fund under this Article in which the firefighter has at
least one year of service credit but has not received a refund
under Section 4-116 (unless the firefighter repays that refund
under subsection (g)) or subsection (c) of Section 4-118.1, by
applying in writing and paying the contribution required under
subsection (i).
    (d) From each such pension fund other than the last pension
fund, in lieu of any retirement pension otherwise payable under
this Article, a firefighter to whom this Section applies may
elect to receive a monthly pension of 1/12th of 2.5% of his or
her final monthly salary under that fund for each month of
service in that fund, subject to a maximum of 75% of that final
monthly salary.
    (e) From the last pension fund, in lieu of any retirement
pension otherwise payable under this Article, a firefighter to
whom this Section applies may elect to receive a monthly
pension calculated as follows:
    The last pension fund shall calculate the retirement
pension that would be payable to the firefighter under
subsection (a) of Section 4-109 as if he or she had
participated in that last pension fund during his or her entire
period of service under all pension funds established under
this Article (excluding any period of service for which the
firefighter has received a refund under Section 4-116, unless
the firefighter repays that refund under subsection (g), or for
which the firefighter has received a refund under subsection
(c) of Section 4-118.1). From this hypothetical pension there
shall be subtracted the original amounts of the retirement
pensions payable to the firefighter by all other pension funds
under subsection (d). The remainder is the retirement pension
payable to the firefighter by the last pension fund under this
subsection (e).
    (f) Pensions elected under this Section shall be subject to
increases as provided in subsection (d) of Section 4-109.1.
    (g) A current firefighter may reinstate creditable service
in a pension fund established under this Article that was
terminated upon receipt of a refund, by payment to that pension
fund of the amount of the refund together with interest thereon
at the rate of 6% per year, compounded annually, from the date
of the refund to the date of payment. A repayment of a refund
under this Section may be made in equal installments over a
period of up to 10 years, but must be paid in full prior to
retirement.
    (h) As a condition of being eligible for the benefits
provided in this Section, a person who is hired to a position
as a firefighter on or after July 1, 2004 must, within 21
months after being hired, notify the new employer, all of his
or her previous employers under this Article, and the Public
Pension Division of the Division of Insurance of the Department
of Financial and Professional Regulation of his or her intent
to receive the benefits provided under this Section.
    (i) In order to receive a pension under this Section or an
occupational disease disability pension for which he or she
becomes eligible due to the application of subsection (m) of
this Section, a firefighter must pay to each pension fund from
which he or she has elected to receive a pension under this
Section a contribution equal to 1% of monthly salary for each
month of service credit that the firefighter has in that fund
(other than service credit for which the firefighter has
already paid the additional contribution required under
subsection (c) of Section 4-118.1), together with interest
thereon at the rate of 6% per annum, compounded annually, from
the firefighter's first day of employment with that fund or the
first day of the fiscal year of that fund that immediately
precedes the firefighter's first day of employment with that
fund, whichever is earlier.
    In order for a firefighter who, as of the effective date of
this amendatory Act of the 93rd General Assembly, has not begun
to receive a pension under this Section or an occupational
disease disability pension under subsection (m) of this Section
and who has contributed 1/12th of 1% of monthly salary for each
month of service credit that the firefighter has in that fund
(other than service credit for which the firefighter has
already paid the additional contribution required under
subsection (c) of Section 4-118.1), together with the required
interest thereon, to receive a pension under this Section or an
occupational disease disability pension for which he or she
becomes eligible due to the application of subsection (m) of
this Section, the firefighter must, within one year after the
effective date of this amendatory Act of the 93rd General
Assembly, make an additional contribution equal to 11/12ths of
1% of monthly salary for each month of service credit that the
firefighter has in that fund (other than service credit for
which the firefighter has already paid the additional
contribution required under subsection (c) of Section
4-118.1), together with interest thereon at the rate of 6% per
annum, compounded annually, from the firefighter's first day of
employment with that fund or the first day of the fiscal year
of that fund that immediately precedes the firefighter's first
day of employment with the fund, whichever is earlier. A
firefighter who, as of the effective date of this amendatory
Act of the 93rd General Assembly, has not begun to receive a
pension under this Section or an occupational disease
disability pension under subsection (m) of this Section and who
has contributed 1/12th of 1% of monthly salary for each month
of service credit that the firefighter has in that fund (other
than service credit for which the firefighter has already paid
the additional contribution required under subsection (c) of
Section 4-118.1), together with the required interest thereon,
in order to receive a pension under this Section or an
occupational disease disability pension under subsection (m)
of this Section, may elect, within one year after the effective
date of this amendatory Act of the 93rd General Assembly to
forfeit the benefits provided under this Section and receive a
refund of that contribution.
    (j) A retired firefighter who is receiving pension payments
under Section 4-109 may reenter active service under this
Article. Subject to the provisions of Section 4-117, the
firefighter may receive credit for service performed after the
reentry if the firefighter (1) applies to receive credit for
that service, (2) suspends his or her pensions under this
Section, and (3) makes the contributions required under
subsection (i).
    (k) A firefighter who is newly hired or promoted to a
position as a firefighter shall not be denied participation in
a fund under this Article based on his or her age.
    (l) If a firefighter who elects to make contributions under
subsection (c) of Section 4-118.1 for the pension benefits
provided under this Section becomes entitled to a disability
pension under Section 4-110, the last pension fund is
responsible to pay that disability pension and the amount of
that disability pension shall be based only on the
firefighter's service with the last pension fund.
    (m) Notwithstanding any provision in Section 4-110.1 to the
contrary, if a firefighter who elects to make contributions
under subsection (c) of Section 4-118.1 for the pension
benefits provided under this Section becomes entitled to an
occupational disease disability pension under Section 4-110.1,
each pension fund to which the firefighter has made
contributions under subsection (c) of Section 4-118.1 must pay
a portion of that occupational disease disability pension equal
to the proportion that the firefighter's service credit with
that pension fund for which the contributions under subsection
(c) of Section 4-118.1 have been made bears to the
firefighter's total service credit with all of the pension
funds for which the contributions under subsection (c) of
Section 4-118.1 have been made. A firefighter who has made
contributions under subsection (c) of Section 4-118.1 for at
least 5 years of creditable service shall be deemed to have met
the 5-year creditable service requirement under Section
4-110.1, regardless of whether the firefighter has 5 years of
creditable service with the last pension fund.
    (n) If a firefighter who elects to make contributions under
subsection (c) of Section 4-118.1 for the pension benefits
provided under this Section becomes entitled to a disability
pension under Section 4-111, the last pension fund is
responsible to pay that disability pension, provided that the
firefighter has at least 7 years of creditable service with the
last pension fund. In the event a firefighter began employment
with a new employer as a result of an intergovernmental
agreement that resulted in the elimination of the previous
employer's fire department, the firefighter shall not be
required to have 7 years of creditable service with the last
pension fund to qualify for a disability pension under Section
4-111. Under this circumstance, a firefighter shall be required
to have 7 years of total combined creditable service time to
qualify for a disability pension under Section 4-111. The
disability pension received pursuant to this Section shall be
paid by the previous employer and new employer in proportion to
the firefighter's years of service with each employer.
(Source: P.A. 93-689, eff. 7-1-04; 93-1090, eff. 3-11-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.