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92_HB0431 LRB9202008EGfg 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Section 6-111 as follows: 6 (40 ILCS 5/6-111) (from Ch. 108 1/2, par. 6-111) 7 Sec. 6-111. Salary. "Salary": Subject to Section 6-211, 8 the annual salary of a fireman, as follows: 9 (a) For age and service annuity, minimum annuity, and 10 disability benefits, the actual amount of the annual salary, 11 except as otherwise provided in this Article.;12 (b) For prior service annuity, widow's annuity, widow's 13 prior service annuity and child's annuity to and including 14 August 31, 1957, the amount of the annual salary up to a 15 maximum of $3,000.;16 (c) Except as otherwise provided in Section 6-141.1, for 17 widow's annuity, beginning September 1, 1957, the amount of 18 annual salary up to a maximum of $6,000. 19 (d) Beginning on the effective date of this amendatory 20 Act of the 92nd General Assembly (and for any period prior to 21 that date for which contributions have been paid under 22 subsection (e) of this Section), with respect to a fireman 23 holding the permanent assigned position or classified career 24 service rank, grade, or position of ambulance commander, 25 references in this Article to the fireman's salary or the 26 salary attached to or appropriated for the permanent assigned 27 position or classified career service rank, grade, or 28 position of the fireman shall be deemed to refer to the full 29 amount of the salary attached to the permanent assigned 30 position or classified career service rank, grade, or 31 position of ambulance commander and shall not be limited to -2- LRB9202008EGfg 1 the salary attached to the rank held by the fireman before 2 attaining the permanent assigned position or classified 3 career service rank, grade, or position of ambulance 4 commander. 5 (e) An active or former fireman who, at any time after 6 December 31, 1994 and before the effective date of this 7 amendatory Act of the 92nd General Assembly, held the 8 permanent assigned position or classified career service 9 rank, grade, or position of ambulance commander and whose 10 employee contributions to the Fund were based on an amount 11 less than the full salary then attached to the permanent 12 assigned position or classified career service rank, grade, 13 or position of ambulance commander and received by the 14 fireman and who either (1) retired during that period or (2) 15 has attained age 46 and at least 16 years of service by the 16 effective date of this amendatory Act may elect to have the 17 full amount of the salary attached to that permanent assigned 18 position or classified career service rank, grade, or 19 position included in the calculation of his or her salary for 20 any portion of that period during which the fireman held the 21 permanent assigned position or classified career service 22 rank, grade, or position of ambulance commander, by applying 23 in writing and paying to the Fund, before January 1, 2004, 24 the appropriate additional employee contribution, without 25 interest. 26 In the case of an applicant who is receiving an annuity 27 at the time the application and contribution are received by 28 the Fund, the annuity shall be recalculated and the resulting 29 increase shall become payable on the next annuity payment 30 date following the date the contribution is received by the 31 Fund. 32 In the case of an active or former fireman who (i) dies 33 before January 1, 2004 without making an election under this 34 subsection and (ii) was eligible to make an election under -3- LRB9202008EGfg 1 this subsection at the time of death (or would have been 2 eligible had the death occurred after the effective date of 3 this amendatory Act), any surviving spouse, child, or parent 4 of the fireman who is eligible to receive a benefit under 5 this Article based on the fireman's salary may make that 6 election and pay the required contribution on behalf of the 7 deceased fireman. If the death occurs within the 30 days 8 immediately preceding January 1, 2004, the deadline for 9 application and payment is extended to January 31, 2004. 10 Any portion of the compensation received for service as 11 an ambulance commander for which the corresponding employee 12 contribution has not been paid shall not be included in the 13 calculation of salary. 14 (f) Beginning January 1, 1999, with respect to a fireman 15 who is licensed by the State as an Emergency Medical 16 Technician, references in this Article to the fireman's 17 salary or the salary attached to or appropriated for the 18 permanent assigned position or classified career service 19 rank, grade, or position of the fireman shall be deemed to 20 include any additional compensation payable to the fireman by 21 virtue of being licensed as an Emergency Medical Technician, 22 as provided under a collective bargaining agreement with the 23 city. 24 (g) The changes to this Section made by this amendatory 25 Act of the 92nd General Assembly are not limited to firemen 26 in service on or after the effective date of this amendatory 27 Act. 28 (Source: P.A. 83-1362.) 29 Section 90. The State Mandates Act is amended by adding 30 Section 8.25 as follows: 31 (30 ILCS 805/8.25 new) 32 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 -4- LRB9202008EGfg 1 and 8 of this Act, no reimbursement by the State is required 2 for the implementation of any mandate created by this 3 amendatory Act of the 92nd General Assembly. 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.