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91_HB0395
LRB9101509EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 4-108 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 4-108 as follows:
7 (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
8 Sec. 4-108. Creditable service.
9 (a) Creditable service is the time served as a
10 firefighter of a municipality. In computing creditable
11 service, furloughs and leaves of absence without pay
12 exceeding 30 days in any one year shall not be counted, but
13 leaves of absence for illness or accident regardless of
14 length, and periods of disability for which a firefighter
15 received no disability pension payments under this Article,
16 shall be counted.
17 (b) Furloughs and leaves of absence of 30 days or less
18 in any one year may be counted as creditable service, if the
19 firefighter makes the contribution to the fund that would
20 have been required had he or she not been on furlough or
21 leave of absence. To qualify for this creditable service,
22 the firefighter must pay the required contributions to the
23 fund not more than 90 days subsequent to the termination of
24 the furlough or leave of absence, to the extent that the
25 municipality has not made such contribution on his or her
26 behalf.
27 (c) Creditable service includes:
28 (1) Service in the military, naval or air forces of
29 the United States entered upon when the person was an
30 active firefighter, provided that, upon applying for a
31 permanent pension, and in accordance with the rules of
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1 the board the firefighter pays into the fund the amount
2 that would have been contributed had he or she been a
3 regular contributor during such period of service, if and
4 to the extent that the municipality which the firefighter
5 served made no such contributions in his or her behalf.
6 The total amount of such creditable service shall not
7 exceed 5 years, except that any firefighter who on July
8 1, 1973 had more than 5 years of such creditable service
9 shall receive the total amount thereof as of that date.
10 (2) Service prior to July 1, 1976 by a firefighter
11 initially excluded from participation by reason of age
12 who elected to participate and paid the required
13 contributions for such service.
14 (3) Up to 8 years of service by a firefighter as an
15 officer in a statewide firefighters' association when he
16 is on a leave of absence from a municipality's payroll,
17 provided that (i) the firefighter has at least 10 years
18 of creditable service as an active firefighter, (ii) the
19 firefighter contributes to the fund the amount that he
20 would have contributed had he remained an active member
21 of the fund, and (iii) the employee or statewide
22 firefighter association contributes to the fund an amount
23 equal to the employer's required contribution as
24 determined by the board.
25 (4) Time spent as an on-call fireman for a
26 municipality, calculated at the rate of one year of
27 creditable service for each 5 years of time spent as an
28 on-call fireman, provided that (i) the firefighter has at
29 least 18 years of creditable service as an active
30 firefighter, (ii) the firefighter spent at least 14 years
31 as an on-call firefighter for the municipality, (iii) the
32 firefighter applies for such creditable service within 30
33 days after the effective date of this amendatory Act of
34 1989, (iv) the firefighter contributes to the Fund an
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1 amount representing employee contributions for the number
2 of years of creditable service granted under this
3 subdivision (4), based on the salary and contribution
4 rate in effect for the firefighter at the date of entry
5 into the Fund, to be determined by the board, and (v) not
6 more than 3 years of creditable service may be granted
7 under this subdivision (4).
8 Creditable service shall not under any other
9 circumstances include time spent as a volunteer
10 firefighter, whether or not any compensation was received
11 therefor. The change made in this Section by Public Act
12 83-0463 is intended to be a restatement and clarification
13 of existing law, and does not imply that creditable
14 service was previously allowed under this Article for
15 time spent as a volunteer firefighter.
16 (5) Time served between July 1, 1976 and July 1,
17 1988 in the position of protective inspection officer or
18 administrative assistant for fire services, for a
19 municipality with a population under 10,000 that is
20 located in a county with a population over 3,000,000 and
21 that maintains a firefighters' pension fund under this
22 Article, if the position included firefighting duties,
23 notwithstanding that the person may not have held an
24 appointment as a firefighter, provided that application
25 is made to the pension fund within 30 days after the
26 effective date of this amendatory Act of 1991, and the
27 corresponding contributions are paid for the number of
28 years of service granted, based upon the salary and
29 contribution rate in effect for the firefighter at the
30 date of entry into the pension fund, as determined by the
31 Board.
32 (6) Service before becoming a participant by a
33 firefighter initially excluded from participation by
34 reason of age who becomes a participant under the
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1 amendment to Section 4-107 made by this amendatory Act of
2 1993 and pays the required contributions for such
3 service.
4 (7) Time, not exceeding 3 years, during which the
5 firefighter receives a disability pension under Section
6 4-110 or 4-110.1, for which the firefighter elects to
7 make contributions to the fund based on the rates
8 specified in Section 4-118.1 and the salary upon which
9 the disability pension is based. For periods of
10 disability on or after the effective date of this
11 amendatory Act of the 91st General Assembly for which the
12 firefighter elects to make contributions, the
13 contributions shall be deducted from the disability
14 pension. For periods of disability before the effective
15 date of this amendatory Act of the 91st General Assembly
16 for which the firefighter elects to make contributions,
17 the contributions shall include interest at the rate of
18 6% per year, compounded annually, from the date for which
19 service credit is being established to the date of
20 payment and may be paid in installments on a schedule
21 approved by the board. This subdivision (c)(7) applies
22 to persons receiving a disability pension under Section
23 4-110 or 4-110.1 on the effective date of this amendatory
24 Act of the 91st General Assembly, as well as persons who
25 begin to receive such a disability pension after that
26 date.
27 (Source: P.A. 89-52, eff. 6-30-95.)
28 Section 90. The State Mandates Act is amended by adding
29 Section 8.23 as follows:
30 (30 ILCS 805/8.23 new)
31 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
32 and 8 of this Act, no reimbursement by the State is required
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1 for the implementation of any mandate created by this
2 amendatory Act of the 91st General Assembly.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.