Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 102-0063


 

Public Act 0063 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0063
 
HB0381 EnrolledLRB102 05124 RPS 15145 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 Sections 3-110.12 and 4-108 as follows:
 
    (40 ILCS 5/3-110.12)
    Sec. 3-110.12. Transfer to Article 4 fund.
    (a) At any time during the 6 months following the
effective date of this Section, an active member of an Article
4 firefighters' pension fund may apply for transfer to that
fund of up to 6 years of his or her creditable service
accumulated in the police pension fund under this Article that
is administered by the same unit of local government if that
active member was not subject to disciplinary action when he
or she terminated employment with that police department. The
creditable service shall be transferred upon payment by the
police pension fund to the Article 4 fund of an amount equal
to:
        (1) the amounts accumulated to the credit of the
    applicant on the books of the fund on the date of transfer
    for the service to be transferred; and
        (2) employer contributions in an amount equal to the
    amount determined under item (1); and
        (3) any interest paid by the applicant in order to
    reinstate service.
    Participation in the police pension fund with respect to
the transferred creditable service shall terminate on the date
of transfer.
    (a-5) At any time during the 6 months following the
effective date of this amendatory Act of the 102nd General
Assembly, an active member of an Article 4 firefighters'
pension fund may apply for transfer to that fund of up to 8
years of his or her creditable service accumulated in a police
pension fund under this Article that is administered by a unit
of local government if that active member was not subject to
disciplinary action when he or she terminated employment with
that police department. The creditable service shall be
transferred upon payment by the police pension fund to the
Article 4 fund of an amount equal to:
        (1) the amounts accumulated to the credit of the
    applicant on the books of the fund on the date of transfer
    for the service to be transferred; and
        (2) employer contributions in an amount equal to the
    amount determined under item (1); and
        (3) any interest paid by the applicant in order to
    reinstate service.
    Participation in the police pension fund with respect to
the transferred creditable service shall terminate on the date
of transfer.
    (b) At the time of applying for transfer of creditable
service under this Section, an active member of an Article 4
firefighters' pension fund may, for the purpose of that
transfer, reinstate creditable service that was terminated by
receipt of a refund, by payment to the police pension fund of
the amount of the refund with interest thereon at the rate of
6% per year, compounded annually, from the date of the refund
to the date of payment.
(Source: P.A. 100-544, eff. 11-8-17.)
 
    (40 ILCS 5/4-108)  (from Ch. 108 1/2, par. 4-108)
    Sec. 4-108. Creditable service.
    (a) Creditable service is the time served as a firefighter
of a municipality. In computing creditable service, furloughs
and leaves of absence without pay exceeding 30 days in any one
year shall not be counted, but leaves of absence for illness or
accident regardless of length, and periods of disability for
which a firefighter received no disability pension payments
under this Article, shall be counted.
    (b) Furloughs and leaves of absence of 30 days or less in
any one year may be counted as creditable service, if the
firefighter makes the contribution to the fund that would have
been required had he or she not been on furlough or leave of
absence. To qualify for this creditable service, the
firefighter must pay the required contributions to the fund
not more than 90 days subsequent to the termination of the
furlough or leave of absence, to the extent that the
municipality has not made such contribution on his or her
behalf.
    (c) Creditable service includes:
        (1) Service in the military, naval or air forces of
    the United States entered upon when the person was an
    active firefighter, provided that, upon applying for a
    permanent pension, and in accordance with the rules of the
    board the firefighter pays into the fund the amount that
    would have been contributed had he or she been a regular
    contributor during such period of service, if and to the
    extent that the municipality which the firefighter served
    made no such contributions in his or her behalf. The total
    amount of such creditable service shall not exceed 5
    years, except that any firefighter who on July 1, 1973 had
    more than 5 years of such creditable service shall receive
    the total amount thereof as of that date.
        (1.5) Up to 24 months of service in the military,
    naval, or air forces of the United States that was served
    prior to employment by a municipality or fire protection
    district as a firefighter. To receive the credit for the
    military service prior to the employment as a firefighter,
    the firefighter must apply in writing to the fund and must
    make contributions to the fund equal to (i) the employee
    contributions that would have been required had the
    service been rendered as a member, plus (ii) an amount
    determined by the fund to be equal to the employer's
    normal cost of the benefits accrued for that military
    service, plus (iii) interest at the actuarially assumed
    rate provided by the Department of Financial and
    Professional Regulation, compounded annually from the
    first date of membership in the fund to the date of payment
    on items (i) and (ii). The changes to this paragraph (1.5)
    by this amendatory Act of the 95th General Assembly apply
    only to participating employees in service on or after its
    effective date.
        (2) Service prior to July 1, 1976 by a firefighter
    initially excluded from participation by reason of age who
    elected to participate and paid the required contributions
    for such service.
        (3) Up to 8 years of service by a firefighter as an
    officer in a statewide firefighters' association when he
    is on a leave of absence from a municipality's payroll,
    provided that (i) the firefighter has at least 10 years of
    creditable service as an active firefighter, (ii) the
    firefighter contributes to the fund the amount that he
    would have contributed had he remained an active member of
    the fund, (iii) the employee or statewide firefighter
    association contributes to the fund an amount equal to the
    employer's required contribution as determined by the
    board, and (iv) for all leaves of absence under this
    subdivision (3), including those beginning before the
    effective date of this amendatory Act of the 97th General
    Assembly, the firefighter continues to remain in sworn
    status, subject to the professional standards of the
    public employer or those terms established in statute.
        (4) Time spent as an on-call fireman for a
    municipality, calculated at the rate of one year of
    creditable service for each 5 years of time spent as an
    on-call fireman, provided that (i) the firefighter has at
    least 18 years of creditable service as an active
    firefighter, (ii) the firefighter spent at least 14 years
    as an on-call firefighter for the municipality, (iii) the
    firefighter applies for such creditable service within 30
    days after the effective date of this amendatory Act of
    1989, (iv) the firefighter contributes to the Fund an
    amount representing employee contributions for the number
    of years of creditable service granted under this
    subdivision (4), based on the salary and contribution rate
    in effect for the firefighter at the date of entry into the
    Fund, to be determined by the board, and (v) not more than
    3 years of creditable service may be granted under this
    subdivision (4).
        Except as provided in Section 4-108.5, creditable
    service shall not include time spent as a volunteer
    firefighter, whether or not any compensation was received
    therefor. The change made in this Section by Public Act
    83-0463 is intended to be a restatement and clarification
    of existing law, and does not imply that creditable
    service was previously allowed under this Article for time
    spent as a volunteer firefighter.
        (5) Time served between July 1, 1976 and July 1, 1988
    in the position of protective inspection officer or
    administrative assistant for fire services, for a
    municipality with a population under 10,000 that is
    located in a county with a population over 3,000,000 and
    that maintains a firefighters' pension fund under this
    Article, if the position included firefighting duties,
    notwithstanding that the person may not have held an
    appointment as a firefighter, provided that application is
    made to the pension fund within 30 days after the
    effective date of this amendatory Act of 1991, and the
    corresponding contributions are paid for the number of
    years of service granted, based upon the salary and
    contribution rate in effect for the firefighter at the
    date of entry into the pension fund, as determined by the
    Board.
        (6) Service before becoming a participant by a
    firefighter initially excluded from participation by
    reason of age who becomes a participant under the
    amendment to Section 4-107 made by this amendatory Act of
    1993 and pays the required contributions for such service.
        (7) Up to 3 years of time during which the firefighter
    receives a disability pension under Section 4-110,
    4-110.1, or 4-111, provided that (i) the firefighter
    returns to active service after the disability for a
    period at least equal to the period for which credit is to
    be established and (ii) the firefighter makes
    contributions to the fund based on the rates specified in
    Section 4-118.1 and the salary upon which the disability
    pension is based. These contributions may be paid at any
    time prior to the commencement of a retirement pension.
    The firefighter may, but need not, elect to have the
    contributions deducted from the disability pension or to
    pay them in installments on a schedule approved by the
    board. If not deducted from the disability pension, the
    contributions shall include interest at the rate of 6% per
    year, compounded annually, from the date for which service
    credit is being established to the date of payment. If
    contributions are paid under this subdivision (c)(7) in
    excess of those needed to establish the credit, the excess
    shall be refunded. This subdivision (c)(7) applies to
    persons receiving a disability pension under Section
    4-110, 4-110.1, or 4-111 on the effective date of this
    amendatory Act of the 91st General Assembly, as well as
    persons who begin to receive such a disability pension
    after that date.
        (8) Up to 6 years of service as a police officer and
    participant in an Article 3 police pension fund
    administered by the unit of local government that employs
    the firefighter under this Article, provided that the
    service has been transferred to, and the required payment
    received by, the Article 4 fund in accordance with
    subsection (a) of Section 3-110.12 of this Code.
        (9) Up to 8 years of service as a police officer and
    participant in an Article 3 police pension fund
    administered by a unit of local government, provided that
    the service has been transferred to, and the required
    payment received by, the Article 4 fund in accordance with
    subsection (a-5) of Section 3-110.12 of this Code.
(Source: P.A. 100-544, eff. 11-8-17.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.45 as follows:
 
    (30 ILCS 805/8.45 new)
    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/9/2021