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.