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| Public Act 095-1032 |
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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
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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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(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
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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
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. 93-689, eff. 7-1-04; 93-1090, eff. 3-11-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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