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Public Act 102-0836


Public Act 0836 102ND GENERAL ASSEMBLY



Public Act 102-0836
SB3177 EnrolledLRB102 23883 RPS 33078 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 6-158 as follows:
    (40 ILCS 5/6-158)  (from Ch. 108 1/2, par. 6-158)
    Sec. 6-158. Refund.
    (a) A fireman who withdraws before age 50 and a fireman
with less than 10 years of service who withdraws before age 57,
or any fireman who withdraws and enters the service of another
department of the city, has a right to a refund of the entire
amount to his credit as of the date of withdrawal for age and
service annuity or Tier 2 monthly retirement annuity, for
automatic annual increase in annuity as provided in Section
6-164, and for widow's annuity or Tier 2 surviving spouse's
annuity, from deductions from salary.
    (b) Any such fireman shall be entitled to refund until he
re-enters service or until his annuity is fixed.
    (c) A fireman who receives a refund forfeits all rights to
any annuity or benefit from the fund, for himself and for any
other person who might benefit through him because of his
service, provided he shall retain the right to credit for any
such service, for the purpose of computing his total service
if he re-enters service before age 57, becomes a beneficiary
of the fund and makes repayment of the refund with interest.
    (d) A fireman completing 10 years of service who does not
receive a refund, may receive an annuity as provided in this
    (e) A fireman completing less than 10 years who does not
receive a refund has a right to have all amounts to his credit
for annuity purposes on the date of withdrawal improved by
interest while he is out of service until age 57 only, for his
benefit and the benefit of any person who may have any right to
annuity through him, if he subsequently reenters service and
attains a right to annuity.
    (f) The changes made to this Section by this amendatory
Act of the 102nd General Assembly are intended to be a
restatement and clarification of existing law and are intended
to be retroactive to August 6, 2021 (the effective date of
Public Act 102-293).
(Source: P.A. 102-293, eff. 8-6-21.)
    Section 90. The State Mandates Act is amended by adding
Section 8.46 as follows:
    (30 ILCS 805/8.46 new)
    Sec. 8.46. 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: 5/13/2022