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| Public Act 102-0081 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by | ||||
changing Section 4-109.3 as follows: | ||||
(40 ILCS 5/4-109.3)
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Sec. 4-109.3. Employee creditable service. | ||||
(a) As used in this Section:
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"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.
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"Last pension fund" means the pension fund in which the | ||||
firefighter was
participating at the time of his or her last | ||||
withdrawal from service.
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(b) The benefits provided under this Section are available | ||||
only to a
firefighter who:
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(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;
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(2) has established service credit with at least one | ||||
pension fund
established under this Article other than the | ||||
last pension fund;
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(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
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(4) is in service on or after the effective date of | ||
this amendatory Act of
the 93rd General Assembly.
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(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).
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(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.
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(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:
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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
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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).
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(f) Pensions elected under this Section shall be subject | ||
to increases as
provided in subsection (d) of Section 4-109.1.
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(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.
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(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.
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As a condition of being eligible for the benefits provided | ||
in this Section, a person who first becomes a firefighter | ||
under this Article after December 31, 2010 must (1) within 21 | ||
months after being hired or within 21 months after the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly, whichever is later, notify the new employer, all of | ||
his or her previous employers under this Article, and the | ||
Public Pension Division of the Department of Insurance of his | ||
or her intent to receive the benefits provided under this | ||
Section; and (2) make the required contributions with | ||
applicable interest. A person who first becomes a firefighter | ||
under this Article after December 31, 2010 and who, before the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly, notified the new employer, all of his or her | ||
previous employers under this Article, and the Public Pension | ||
Division of the Department of Insurance of his or her intent to | ||
receive the benefits provided under this Section shall be | ||
deemed to have met the notice requirement under item (1) of the | ||
preceding sentence. The changes made to this Section by this | ||
amendatory Act of the 102nd General Assembly apply | ||
retroactively, notwithstanding Section 1-103.1. | ||
(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
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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.
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(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).
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(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.
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(Source: P.A. 95-1032, eff. 2-17-09; 95-1036, eff. 2-17-09.)
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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.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||