State of Illinois
92nd General Assembly
Legislation

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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
 
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 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.

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