Public Act 093-0917
 		





HB0378 Enrolled
LRB093 03957 EFG 03996 b






    AN ACT in relation to 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 6-142 and 6-210.1 as follows:
 



    (40 ILCS 5/6-142)
  (from Ch. 108 1/2, par. 6-142)



    Sec. 6-142. Wives and widows not entitled to annuities. 

    (A) Except as provided in subsection (B), the following 
wives
or widows have no right to annuity from the fund:

        (a) A wife or widow married subsequent to the effective 
    date of a
fireman who dies in service if she was not 
    married to him before he
attained age 63;

        (b) A wife or widow of a fireman who withdraws, whether 
    or not he
enters upon annuity, and dies while out of 
    service, if the marriage
occurred after the effective date 
    and she was not his wife while he was
in service and before 
    he attained age 63;

        (c) A wife or widow of a fireman who (1) has served 10 
    or more
years, (2) dies out of service after he has 
    withdrawn from service, and
(3) has withdrawn or applied 
    for refund of the sums to his credit for
annuity to which 
    he had a right to refund;

        (d) A wife or widow of a fireman who dies out of 
    service after he
has withdrawn before age 63, and who has 
    not served at least 10 years;

        (e) A wife whose marriage was dissolved or widow of a 
    fireman whose
judgment of dissolution of marriage from her 
    fireman husband is annulled,
vacated or set aside by 
    proceedings in court subsequent to the death of the

    fireman, unless (1) such proceedings are filed within 5 
    years after the date
of the dissolution of marriage and 
    within one year after the death of the
fireman and (2) the 
    board is made a party to the proceedings;

        (f) A wife or widow who married the fireman while he 
    was in receipt
of disability benefit or disability pension 
    from this fund, unless he
returned to the service 
    subsequent to the marriage and remained therein
for a 
    period or periods aggregating one year, or died while in 
    service.

    (B) Beginning on January 16, 2004
the effective date of 
this amendatory Act of the
93rd General Assembly, the 
limitation on marriage after withdrawal
under subdivision 
(A)(b) and the limitation on marriage during disability
under 
subdivision (A)(f) no longer apply to a widow who was married 
to the
deceased fireman before the fireman begins to receive a 
retirement annuity
and for at least one year immediately 
preceding the date of death, regardless
of whether the deceased 
fireman is in service on or after the effective date
of Public 
Act 93-654 or this amendatory Act of the 93rd General Assembly; 
except that this
subsection (B) does not apply to the widow of 
a fireman who received a refund
of contributions for widow's 
annuity under Section 6-160, unless the refund
is repaid to the 
Fund, with interest at the rate of 4% per year, compounded

annually, from the date of the refund to the date of repayment.  
    If the widow
of a fireman who died before January 16, 2004

the effective date of this amendatory Act becomes
eligible for 
a widow's annuity because of Public Act 93-654
this amendatory 
Act, the annuity
shall begin to accrue on the date of 
application for the annuity, but in no
event sooner than 
January 16, 2004
the effective date of this amendatory Act.
    The changes to this Section made by this amendatory Act of 
the 93rd General Assembly apply without regard to whether the 
deceased fireman  was in service on or after its effective date.  
If the widow
of a fireman who died before the effective date of 
this amendatory Act of the 93rd General Assembly becomes

eligible for a widow's annuity because of this amendatory Act, 
the annuity
shall begin to accrue on the date of application 
for the annuity, but in no
event sooner than January 16, 2004.


(Source: P.A. 93-654, eff. 1-16-04.)

 



    (40 ILCS 5/6-210.1)
  (from Ch. 108 1/2, par. 6-210.1)


    Sec. 6-210.1. Credit for former employment with the fire 
department. 

    (a) Any fireman who (1) accumulated service credit in the 
Article 8 fund for
service as an employee of the Chicago Fire 
Department and (2) has terminated
that Article 8 service credit 
and received a refund of contributions therefor,
may establish 
service credit in this Fund for all or any part of that period 
of
service under the Article 8 fund by making written 
application to the Board by
January 1, 2005
2000 and paying to 
this Fund (i) employee contributions based upon
the actual 
salary received and the rates in effect for members of this 
Fund at
the time of such service, plus (ii) interest thereon 
calculated as follows:


        (1) For applications received by the Board before July 
    14, 1995, interest shall be calculated
on the amount of 
    employee contributions determined under item (i) above, at 
    the
rate of 4% per annum, compounded annually, from the 
    date of termination of such
service to the date of payment.


        (2) For applications received by the Board on or after 
    July 14, 1995, interest shall be calculated
on the amount 
    of employee contributions determined under item (i) above, 
    at the
rate of 4% per annum, compounded annually, from the 
    first date of the period
for which credit is being 
    established under this subsection (a) to the date of

    payment.

    A fireman who (1) retired on or after January 16, 2004 and 
on or before the effective date of this amendatory Act of the 
93rd General Assembly and  (2) files an application to establish 
service credit under this subsection (a) before January 1, 
2005, shall have his or her pension recalculated prospectively 
to include the service credit established under this subsection 
(a).

    (b) A fireman who, at any time during the period 1970 
through 1983, was
an employee of the Chicago Fire Department 
but did not participate in any
pension fund subject to this 
Code with respect to that employment may establish
service 
credit in this Fund for all or any part of that employment by 
making
written application to the Board by January 1, 2005

and 
paying to
this Fund (i)
employee contributions based upon the 
actual salary received and the rates in
effect for members of 
this Fund at the time of that employment, plus (ii)
interest 
thereon calculated at the rate of 4% per annum, compounded 
annually,
from the first date of the employment for which 
credit is being established
under this subsection (b) to the 
date of payment.

    (c) A fireman may pay the contributions required for 
service credit under
this Section established on or after July 
14, 1995 in the form of payroll deductions, in accordance with

such procedures and limitations as may be established by Board 
rule and any
applicable rules or ordinances of the employer.

    (d) Employer contributions shall be transferred as 
provided in Sections
6-210.2 and 8-172.1.  The employer shall 
not be responsible for making any
additional employer 
contributions for any credit established under this
Section.

(Source: P.A. 93-654, eff. 1-16-04.)

 
    Section 90. The State Mandates Act is amended by adding 
Section 8.28 as
follows:


 
    (30 ILCS 805/8.28 new)

    Sec. 8.28. 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 93rd General Assembly.

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.