Sen. George P. Shadid
Filed: 11/17/2004
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1 | AMENDMENT TO HOUSE BILL 612
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2 | AMENDMENT NO. ______. Amend House Bill 612 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 4-109.3, 4-110, 4-110.1, 4-111, and 4-114 as | ||||||
6 | follows: | ||||||
7 | (40 ILCS 5/4-109.3)
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8 | Sec. 4-109.3. Employee creditable service.
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9 | (a) As used in this Section:
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10 | "Final monthly salary" means the monthly salary attached to | ||||||
11 | the rank held by
the firefighter at the time of his or her last | ||||||
12 | withdrawal from service under a
particular pension fund.
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13 | "Last pension fund" means the pension fund in which the | ||||||
14 | firefighter was
participating at the time of his or her last | ||||||
15 | withdrawal from service.
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16 | (b) The benefits provided under this Section are available | ||||||
17 | only to a
firefighter who:
| ||||||
18 | (1) is a firefighter at the time of withdrawal from the | ||||||
19 | last
pension fund and for at least the final 3 years of | ||||||
20 | employment prior to that
withdrawal;
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21 | (2) has established service credit with at least one | ||||||
22 | pension fund
established under this Article other than the | ||||||
23 | last pension fund;
| ||||||
24 | (3) has a total of at least 20 years of service under |
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1 | the various
pension funds established under this Article | ||||||
2 | and has attained age 50; and
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3 | (4) is in service on or after the effective date of | ||||||
4 | this amendatory Act of
the 93rd General Assembly.
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5 | (c) A firefighter who is eligible for benefits under this | ||||||
6 | Section may elect
to receive a retirement pension from each | ||||||
7 | pension fund under this Article in
which the firefighter has at | ||||||
8 | least one year of service credit but has not received a refund | ||||||
9 | under Section 4-116 (unless the firefighter repays that refund | ||||||
10 | under subsection (g)) or subsection (c) of Section 4-118.1, by | ||||||
11 | applying in
writing and paying the contribution required under | ||||||
12 | subsection (i).
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13 | (d) From each such pension fund other than the last pension | ||||||
14 | fund, in lieu
of any retirement pension otherwise payable under | ||||||
15 | this Article, a firefighter
to whom this Section applies may | ||||||
16 | elect to receive a monthly pension of 1/12th
of 2.5% of his or | ||||||
17 | her final monthly salary under that fund for each month of
| ||||||
18 | service in that fund, subject to a maximum of 75% of that final | ||||||
19 | monthly salary.
| ||||||
20 | (e) From the last pension fund, in lieu of any retirement | ||||||
21 | pension otherwise
payable under this Article, a firefighter to | ||||||
22 | whom this Section applies may
elect to receive a monthly | ||||||
23 | pension calculated as follows:
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24 | The last pension fund shall calculate the retirement | ||||||
25 | pension that
would be payable to the firefighter under | ||||||
26 | subsection (a) of Section 4-109 as if he
or she had
| ||||||
27 | participated in that last pension fund during his or her entire | ||||||
28 | period of
service under all pension funds established under | ||||||
29 | this Article (excluding any period of service for which the | ||||||
30 | firefighter has received a refund under Section 4-116, unless | ||||||
31 | the firefighter repays that refund under subsection (g), or for | ||||||
32 | which the firefighter has received a refund under subsection | ||||||
33 | (c) of Section 4-118.1).
From this hypothetical pension there | ||||||
34 | shall be subtracted the original amounts
of the retirement |
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1 | pensions payable to the firefighter by all other pension
funds | ||||||
2 | under subsection (d). The remainder is the retirement pension | ||||||
3 | payable
to the firefighter by the last pension fund under this | ||||||
4 | subsection (e).
| ||||||
5 | (f) Pensions elected under this Section shall be subject to | ||||||
6 | increases as
provided in subsection (d) of Section 4-109.1.
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7 | (g) A current firefighter may reinstate creditable service | ||||||
8 | in a
pension fund established under this Article that was | ||||||
9 | terminated upon receipt of
a refund, by payment to that pension | ||||||
10 | fund of the amount of the refund together
with interest thereon | ||||||
11 | at the rate of 6% per year, compounded annually, from the
date | ||||||
12 | of the refund to the date of payment. A repayment of a refund | ||||||
13 | under this
Section may be made in equal installments over a | ||||||
14 | period of up to 10 years, but
must be paid in full prior to | ||||||
15 | retirement.
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16 | (h) As a condition of being eligible for the benefits | ||||||
17 | provided in this Section, a person who is hired to a position | ||||||
18 | as a firefighter on or after July 1, 2004
the effective date of | ||||||
19 | this amendatory Act of the
93rd General Assembly, a firefighter | ||||||
20 | must , within 21 months after being hired, notify
the new | ||||||
21 | employer, all of his or her previous employers under this | ||||||
22 | Article, and
the Public Pension Division of the Division
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23 | Department of Insurance of the Department of Financial and | ||||||
24 | Professional Regulation , within one year of
being hired, of his | ||||||
25 | or her intent to receive the benefits provided under this | ||||||
26 | Section
all periods of service of at
least one year under a | ||||||
27 | pension fund established under this Article .
| ||||||
28 | (i) In order to receive a pension under this Section or an | ||||||
29 | occupational disease disability pension for which he or she | ||||||
30 | becomes eligible due to the application of subsection (m) of | ||||||
31 | this Section, a firefighter must
pay to each pension fund from | ||||||
32 | which he or she has elected to receive a pension under this | ||||||
33 | Section a contribution equal to 1/12th of 1% of
monthly salary | ||||||
34 | for each month of service credit that the firefighter has in
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1 | that fund (other than service credit for which the firefighter | ||||||
2 | has already
paid the additional contribution required under | ||||||
3 | subsection (c) of Section
4-118.1), together with interest | ||||||
4 | thereon at the rate of 6% per annum, compounded
annually, from | ||||||
5 | the firefighter's first day of employment with that fund or the | ||||||
6 | first day of the fiscal year of that fund that immediately | ||||||
7 | precedes the firefighter's first day of employment with that | ||||||
8 | fund, whichever is earlier. | ||||||
9 | In order for a firefighter who, as of the effective date of | ||||||
10 | this amendatory Act of the 93rd General Assembly, has not begun | ||||||
11 | to receive a pension under this Section or an occupational | ||||||
12 | disease disability pension under subsection (m) of this Section | ||||||
13 | and who has contributed 1/12th of 1% of monthly salary for each | ||||||
14 | month of service credit that the firefighter has in
that fund | ||||||
15 | (other than service credit for which the firefighter has | ||||||
16 | already
paid the additional contribution required under | ||||||
17 | subsection (c) of Section
4-118.1), together with the required | ||||||
18 | interest thereon, to receive a pension under this Section or an | ||||||
19 | occupational disease disability pension for which he or she | ||||||
20 | becomes eligible due to the application of subsection (m) of | ||||||
21 | this Section, the firefighter must, within one year after the | ||||||
22 | effective date of this amendatory Act of the 93rd General | ||||||
23 | Assembly, make an additional contribution equal to 11/12ths of | ||||||
24 | 1% of
monthly salary for each month of service credit that the | ||||||
25 | firefighter has in
that fund (other than service credit for | ||||||
26 | which the firefighter has already
paid the additional | ||||||
27 | contribution required under subsection (c) of Section
| ||||||
28 | 4-118.1), together with interest thereon at the rate of 6% per | ||||||
29 | annum, compounded
annually, from the firefighter's first day of | ||||||
30 | employment with that fund or the first day of the fiscal year | ||||||
31 | of that fund that immediately precedes the firefighter's first | ||||||
32 | day of employment with the fund, whichever is earlier. A | ||||||
33 | firefighter who, as of the effective date of this amendatory | ||||||
34 | Act of the 93rd General Assembly, has not begun to receive a |
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1 | pension under this Section or an occupational disease | ||||||
2 | disability pension under subsection (m) of this Section and who | ||||||
3 | has contributed 1/12th of 1% of monthly salary for each month | ||||||
4 | of service credit that the firefighter has in
that fund (other | ||||||
5 | than service credit for which the firefighter has already
paid | ||||||
6 | the additional contribution required under subsection (c) of | ||||||
7 | Section
4-118.1), together with the required interest thereon, | ||||||
8 | in order to receive a pension under this Section or an | ||||||
9 | occupational disease disability pension under subsection (m) | ||||||
10 | of this Section, may elect, within one year after the effective | ||||||
11 | date of this amendatory Act of the 93rd General Assembly to | ||||||
12 | forfeit the benefits provided under this Section and receive a | ||||||
13 | refund of that contribution.
time the service was rendered to | ||||||
14 | the date of payment.
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15 | (j) A retired firefighter who is receiving pension payments | ||||||
16 | under Section 4-109 may reenter active service under this | ||||||
17 | Article. Subject to the provisions of Section 4-117, the | ||||||
18 | firefighter may receive credit for service performed after the | ||||||
19 | reentry if the firefighter (1) applies to receive credit for | ||||||
20 | that service, (2) suspends his or her pensions under this | ||||||
21 | Section,
and (3) makes the contributions required under | ||||||
22 | subsection (i).
| ||||||
23 | (k) A firefighter who is newly hired or promoted to a | ||||||
24 | position as a
firefighter shall not be denied participation in | ||||||
25 | a fund under this Article
based on his or her age. | ||||||
26 | (l) If a firefighter who elects to make contributions under | ||||||
27 | subsection (c) of Section 4-118.1 for the pension benefits | ||||||
28 | provided under this Section becomes entitled to a disability | ||||||
29 | pension under Section 4-110, the last pension fund is | ||||||
30 | responsible to pay that disability pension and the amount of | ||||||
31 | that disability pension shall be based only on the | ||||||
32 | firefighter's service with the last pension fund. | ||||||
33 | (m) Notwithstanding any provision in Section 4-110.1 to the | ||||||
34 | contrary, if a firefighter who elects to make contributions |
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1 | under subsection (c) of Section 4-118.1 for the pension | ||||||
2 | benefits provided under this Section becomes entitled to an | ||||||
3 | occupational disease disability pension under Section 4-110.1, | ||||||
4 | each pension fund to which the firefighter has made | ||||||
5 | contributions under subsection (c) of Section 4-118.1 must pay | ||||||
6 | a portion of that occupational disease disability pension equal | ||||||
7 | to the proportion that the firefighter's service credit with | ||||||
8 | that pension fund for which the contributions under subsection | ||||||
9 | (c) of Section 4-118.1 have been made bears to the | ||||||
10 | firefighter's total service credit with all of the pension | ||||||
11 | funds for which the contributions under subsection (c) of | ||||||
12 | Section 4-118.1 have been made. A firefighter who has made | ||||||
13 | contributions under subsection (c) of Section 4-118.1 for at | ||||||
14 | least 5 years of creditable service shall be deemed to have met | ||||||
15 | the 5-year creditable service requirement under Section | ||||||
16 | 4-110.1, regardless of whether the firefighter has 5 years of | ||||||
17 | creditable service with the last pension fund. | ||||||
18 | (n) If a firefighter who elects to make contributions under | ||||||
19 | subsection (c) of Section 4-118.1 for the pension benefits | ||||||
20 | provided under this Section becomes entitled to a disability | ||||||
21 | pension under Section 4-111, the last pension fund is | ||||||
22 | responsible to pay that disability pension, provided that the | ||||||
23 | firefighter has at least 7 years of creditable service with the | ||||||
24 | last pension fund.
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25 | (Source: P.A. 93-689, eff. 7-1-04.)
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26 | (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
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27 | Sec. 4-110. Disability pension - Line of duty. If a | ||||||
28 | firefighter, as the
result of sickness, accident or injury | ||||||
29 | incurred in or resulting from the
performance of an act of duty | ||||||
30 | or from the cumulative effects of acts of duty,
is found, | ||||||
31 | pursuant to Section 4-112, to be physically or mentally | ||||||
32 | permanently
disabled for service in the fire department, so as | ||||||
33 | to render necessary his or
her being placed on disability |
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1 | pension, the firefighter shall be entitled to
a disability | ||||||
2 | pension equal to the greater of (1) 65% of the monthly
salary | ||||||
3 | attached to the rank held by him or her in the fire department | ||||||
4 | at the
date he or she is removed from the municipality's fire | ||||||
5 | department payroll or
(2) the retirement pension that the | ||||||
6 | firefighter would be eligible to receive
if he or she retired | ||||||
7 | (but not including any automatic annual increase in that
| ||||||
8 | retirement pension). A firefighter shall be considered "on | ||||||
9 | duty" while on
any assignment approved by the chief of the fire | ||||||
10 | department, even though away
from the municipality he or she | ||||||
11 | serves as a firefighter, if the assignment
is related to the | ||||||
12 | fire protection service of the municipality.
| ||||||
13 | Such firefighter shall also be entitled to a child's | ||||||
14 | disability benefit
of $20 a month on account of each unmarried | ||||||
15 | child less than 18 years of age and
dependent upon the | ||||||
16 | firefighter for support, either the issue of the firefighter
or | ||||||
17 | legally adopted by him or her. The total amount of child's | ||||||
18 | disability
benefit payable to the firefighter, when added to | ||||||
19 | his or her disability
pension, shall not exceed 75% of the | ||||||
20 | amount of salary which the
firefighter was receiving at the | ||||||
21 | date of retirement.
| ||||||
22 | Benefits payable on account of a child under this Section | ||||||
23 | shall not
be reduced or terminated by reason of the child's | ||||||
24 | attainment
of age 18 if he or she is then dependent by reason | ||||||
25 | of a physical or mental
disability but shall continue to be | ||||||
26 | paid as long as such dependency continues.
Individuals over the | ||||||
27 | age of 18 and adjudged to be disabled persons pursuant to
| ||||||
28 | Article XIa of the Probate Act of 1975, except for persons | ||||||
29 | receiving benefits
under Article III of the Illinois Public Aid | ||||||
30 | Code, shall be eligible to receive
benefits under this Act.
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31 | If a firefighter dies while still disabled and receiving a | ||||||
32 | disability pension
under this Section, the disability pension | ||||||
33 | shall continue to be paid to the
firefighter's survivors in the | ||||||
34 | sequence provided in Section 4-114
but shall, from the date of |
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1 | death, become subject to
the requirements, including | ||||||
2 | limitations on amount, that are provided for
pensions to | ||||||
3 | survivors under Section 4-114 . A pension previously granted
| ||||||
4 | under Section 4-114 to a survivor of a firefighter who died | ||||||
5 | while receiving a
disability pension under this Section shall | ||||||
6 | be deemed to be a continuation
of the pension provided under | ||||||
7 | this Section and shall be deemed to be
in the nature of | ||||||
8 | worker's compensation payments. The changes to this Section
| ||||||
9 | made by this amendatory Act of 1995 are intended to be | ||||||
10 | retroactive and are not
limited to persons in service on or | ||||||
11 | after its effective date.
| ||||||
12 | (Source: P.A. 91-466, eff. 8-6-99.)
| ||||||
13 | (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
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14 | Sec. 4-110.1. Occupational disease disability pension.
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15 | The General Assembly finds that service in the fire department | ||||||
16 | requires
firefighters in times of stress and danger to perform | ||||||
17 | unusual tasks; that
firefighters are subject to exposure to | ||||||
18 | extreme heat or extreme cold in certain
seasons while | ||||||
19 | performing their duties; that they are required to work in the
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20 | midst of and are subject to heavy smoke fumes, and | ||||||
21 | carcinogenic, poisonous,
toxic or chemical gases from fires; | ||||||
22 | and that these conditions exist and
arise out of or in the | ||||||
23 | course of employment.
| ||||||
24 | An active firefighter with 5 or more years of creditable | ||||||
25 | service who is
found, pursuant to Section 4-112, unable to | ||||||
26 | perform his or her duties in the
fire department by reason of | ||||||
27 | heart disease, stroke, tuberculosis, or
any disease of the | ||||||
28 | lungs or respiratory tract, resulting from service as a
| ||||||
29 | firefighter, is entitled to an occupational disease disability | ||||||
30 | pension during
any period of such disability for which he or | ||||||
31 | she has no right to receive
salary.
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32 | Any active firefighter who has completed 5 or more years
of | ||||||
33 | service and is unable to perform his or her duties in the fire |
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1 | department
by reason of a disabling cancer, which develops or | ||||||
2 | manifests itself during
a period while the firefighter is in | ||||||
3 | the service of the fire department,
shall be entitled to | ||||||
4 | receive an occupational disease disability benefit
during any | ||||||
5 | period of such disability for which he or she does not have a
| ||||||
6 | right to receive salary. In order to receive this occupational | ||||||
7 | disease
disability benefit, (i) the type of cancer involved | ||||||
8 | must be a type which
may be caused by exposure to heat, | ||||||
9 | radiation or a known carcinogen as defined
by the International | ||||||
10 | Agency for Research on Cancer and (ii) the cancer
must (and is | ||||||
11 | rebuttably presumed to) arise as a result of service as a
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12 | firefighter.
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13 | A firefighter who enters the service after August 27, 1971 | ||||||
14 | shall be
examined by one or more practicing physicians | ||||||
15 | appointed by the board. If
the examination discloses impairment | ||||||
16 | of the heart, lungs or respiratory
tract, or the existence of | ||||||
17 | any cancer, the firefighter shall not be
entitled to the | ||||||
18 | occupational disease disability pension unless and until a
| ||||||
19 | subsequent examination reveals no such impairment or cancer.
| ||||||
20 | The occupational disease disability pension shall be equal | ||||||
21 | to the greater
of (1) 65% of the
salary attached to the rank | ||||||
22 | held by the firefighter in the fire service at the
time of his | ||||||
23 | or her removal from the municipality's fire department payroll | ||||||
24 | or
(2) the retirement pension that the firefighter would be | ||||||
25 | eligible to receive
if he or she retired (but not including any | ||||||
26 | automatic annual increase in that
retirement pension).
| ||||||
27 | The firefighter is also entitled to a child's disability | ||||||
28 | benefit of $20 a
month for each natural or legally adopted | ||||||
29 | unmarried child less than age 18
dependent upon the firefighter | ||||||
30 | for support. The total child's disability
benefit when added to | ||||||
31 | the occupational disease disability pension shall not
exceed | ||||||
32 | 75% of the firefighter's salary at the time of the grant of | ||||||
33 | occupational
disease disability pension.
| ||||||
34 | The occupational disease disability pension is payable to |
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| |||||||
1 | the firefighter
during the period of the disability. If the | ||||||
2 | disability ceases before the
death of the firefighter, the | ||||||
3 | disability pension payable under this Section
shall also cease | ||||||
4 | and the firefighter thereafter shall receive such pension
| ||||||
5 | benefits as are provided in accordance with other provisions of | ||||||
6 | this Article.
| ||||||
7 | If a firefighter dies while still disabled and receiving a | ||||||
8 | disability
pension under this Section, the disability pension | ||||||
9 | shall continue to be paid to
the firefighter's survivors in the | ||||||
10 | sequence provided in Section 4-114
but shall, from the date of | ||||||
11 | death, become subject
to the requirements, including | ||||||
12 | limitations on amount, that are provided for
pensions to | ||||||
13 | survivors under Section 4-114 . A pension previously granted | ||||||
14 | under
Section 4-114 to a survivor of a firefighter who died | ||||||
15 | while receiving a
disability pension under this Section shall | ||||||
16 | be deemed to be a continuation of
the pension provided under | ||||||
17 | this Section and shall be deemed to be in the nature
of | ||||||
18 | worker's occupational disease compensation payments. The | ||||||
19 | changes to this
Section made by this amendatory Act of 1995 are | ||||||
20 | intended to be retroactive and
are not limited to persons in | ||||||
21 | service on or after its effective date.
| ||||||
22 | The child's disability benefit shall terminate if the | ||||||
23 | disability ceases
while the firefighter is alive or when the | ||||||
24 | child or children attain
age 18 or marry, whichever event | ||||||
25 | occurs first, except that benefits
payable on account of a | ||||||
26 | child under this Section shall not be
reduced or terminated by | ||||||
27 | reason of the child's attainment of age 18 if he
or she is then | ||||||
28 | dependent by reason of a physical or mental disability
but | ||||||
29 | shall continue to be paid as long as such dependency continues.
| ||||||
30 | Individuals over the age of 18 and adjudged as a disabled | ||||||
31 | person pursuant
to Article XIa of the Probate Act of 1975, | ||||||
32 | except for persons receiving
benefits under Article III of the | ||||||
33 | Illinois Public Aid Code, shall be
eligible to receive benefits | ||||||
34 | under this Act.
|
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| |||||||
1 | (Source: P.A. 91-466, eff. 8-6-99.)
| ||||||
2 | (40 ILCS 5/4-111) (from Ch. 108 1/2, par. 4-111)
| ||||||
3 | Sec. 4-111. Disability pension - Not in duty. A firefighter | ||||||
4 | having at least 7 years of creditable
service who becomes
| ||||||
5 | disabled as a result of any cause other than an act of duty, | ||||||
6 | and who is
found, pursuant to Section 4-112,
to be physically | ||||||
7 | or mentally permanently disabled so
as to render necessary his | ||||||
8 | or her being placed on disability pension,
shall be granted a | ||||||
9 | disability pension of 50% of the monthly salary attached
to the | ||||||
10 | rank held by the firefighter in the fire service at
the date he | ||||||
11 | or she is removed from the municipality's fire department | ||||||
12 | payroll. If a firefighter dies while still disabled and | ||||||
13 | receiving a disability pension under this Section, the | ||||||
14 | disability pension shall continue to be paid to the | ||||||
15 | firefighter's survivors in the sequence provided in Section | ||||||
16 | 4-114 if that disability pension is greater than the survivors | ||||||
17 | pension provided under subsection (a) of Section 4-114.
| ||||||
18 | (Source: P.A. 83-1440.)
| ||||||
19 | (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
| ||||||
20 | Sec. 4-114. Pension to survivors. If a firefighter who is | ||||||
21 | not receiving a
disability pension under Section 4-110 or | ||||||
22 | 4-110.1 dies (1) as a result of any
illness or accident, or (2) | ||||||
23 | from any cause while in receipt of a disability
pension under | ||||||
24 | this Article, or (3) during retirement after 20 years service, | ||||||
25 | or
(4) while vested for or in receipt of a pension payable | ||||||
26 | under subsection (b)
of Section 4-109, or (5) while a deferred | ||||||
27 | pensioner, having made all required
contributions, a pension | ||||||
28 | shall be paid to his or her survivors, based on the
monthly | ||||||
29 | salary attached to the firefighter's rank on the last day of | ||||||
30 | service
in the fire department, as follows:
| ||||||
31 | (a) (1) To the surviving spouse, a monthly pension of
| ||||||
32 | 40% of the monthly salary, and to the guardian of any minor |
| |||||||
| |||||||
1 | child or
children including a child which has been | ||||||
2 | conceived but not yet born, 12%
of such monthly salary for | ||||||
3 | each such child until attainment of age 18 or
until the | ||||||
4 | child's marriage, whichever occurs first. Beginning July | ||||||
5 | 1,
1993, the monthly pension to the surviving spouse shall | ||||||
6 | be 54% of the
monthly salary for all persons receiving a | ||||||
7 | surviving spouse pension under
this Article, regardless of | ||||||
8 | whether the deceased firefighter was in service
on or after | ||||||
9 | the effective date of this amendatory Act of 1993.
| ||||||
10 | (2) Beginning July 1, 2004 , unless the amount provided | ||||||
11 | under paragraph (1) of this subsection (a) is greater , the | ||||||
12 | total monthly pension payable under
this paragraph (a) , | ||||||
13 | including any amount payable on account of children, to the | ||||||
14 | surviving spouse of a firefighter who died (i) while
| ||||||
15 | receiving a retirement pension , (ii) while he or she was a | ||||||
16 | deferred pensioner with at least 20 years of creditable | ||||||
17 | service, or (iii) while he or she was in active service | ||||||
18 | having at least 20 years of creditable service, regardless | ||||||
19 | of age , including any amount payable on account of
| ||||||
20 | children, shall be no less than 100% of the monthly | ||||||
21 | retirement pension earned by
that
the deceased firefighter | ||||||
22 | at the time of death, regardless of whether death occurs | ||||||
23 | before or after attainment of age 50,
was receiving at the | ||||||
24 | time of death, including any
increases under Section | ||||||
25 | 4-109.1. This minimum applies to all such surviving
spouses | ||||||
26 | who are eligible to receive a surviving spouse pension, | ||||||
27 | regardless of
whether the deceased firefighter was in | ||||||
28 | service on or after the effective date
of this amendatory | ||||||
29 | Act of the 93rd General Assembly, and notwithstanding any
| ||||||
30 | limitation on maximum pension under paragraph (d) or any | ||||||
31 | other provision of
this Article.
| ||||||
32 | (3) If the pension paid on and after July 1, 2004 to | ||||||
33 | the surviving spouse of a firefighter who died on or after | ||||||
34 | July 1, 2004 and before the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 93rd General Assembly was less than | ||||||
2 | the minimum pension payable under paragraph (1) or (2) of | ||||||
3 | this subsection (a), the fund shall pay a lump sum equal to | ||||||
4 | the difference within 90 days after the effective date of | ||||||
5 | this amendatory Act of the 93rd General Assembly.
| ||||||
6 | The pension to the surviving spouse shall terminate in the | ||||||
7 | event of the
surviving spouse's remarriage prior to July 1, | ||||||
8 | 1993; remarriage on or after
that date does not affect the | ||||||
9 | surviving spouse's pension, regardless of
whether the deceased | ||||||
10 | firefighter was in service on or after the effective
date of | ||||||
11 | this amendatory Act of 1993.
| ||||||
12 | The surviving spouse's pension shall be subject to the | ||||||
13 | minimum established
in Section 4-109.2.
| ||||||
14 | (b) Upon the death of the surviving spouse leaving one or | ||||||
15 | more minor
children, to the duly appointed guardian of each | ||||||
16 | such child, for support
and maintenance of each such child | ||||||
17 | until the child reaches age 18 or
marries, whichever occurs | ||||||
18 | first, a monthly pension of 20% of the monthly
salary.
| ||||||
19 | (c) If a deceased firefighter leaves no surviving spouse or | ||||||
20 | unmarried
minor children under age 18, but leaves a dependent | ||||||
21 | father or mother, to
each dependent parent a monthly pension of | ||||||
22 | 18% of the monthly salary. To
qualify for the pension, a | ||||||
23 | dependent parent must furnish satisfactory proof
that the | ||||||
24 | deceased firefighter was at the time of his or her death the | ||||||
25 | sole
supporter of the parent or that the parent was the | ||||||
26 | deceased's dependent for
federal income tax purposes.
| ||||||
27 | (d) The total pension provided under paragraphs (a), (b) | ||||||
28 | and (c) of this
Section shall not exceed 75% of the monthly | ||||||
29 | salary of the deceased firefighter
(1) when paid to the | ||||||
30 | survivor of a firefighter who has attained 20 or more
years of | ||||||
31 | service credit and who receives or is eligible to receive a | ||||||
32 | retirement
pension under this Article, or (2) when paid to the | ||||||
33 | survivor of a firefighter
who dies as a result of illness or | ||||||
34 | accident, or (3) when paid to the survivor
of a firefighter who |
| |||||||
| |||||||
1 | dies from any cause while in receipt of a disability
pension | ||||||
2 | under this Article, or (4) when paid to the survivor of a | ||||||
3 | deferred
pensioner. For all other survivors of deceased | ||||||
4 | firefighters, the total pension
provided under paragraphs (a), | ||||||
5 | (b) and (c) of this Section shall not exceed 50%
of the | ||||||
6 | retirement annuity the firefighter would have received on the | ||||||
7 | date of
death.
| ||||||
8 | The maximum pension limitations in this paragraph (d) do | ||||||
9 | not control
over any contrary provision of this Article | ||||||
10 | explicitly establishing a minimum
amount of pension or granting | ||||||
11 | a one-time or annual increase in pension.
| ||||||
12 | (e) If a firefighter leaves no eligible survivors under | ||||||
13 | paragraphs (a),
(b) and (c), the board shall refund to the | ||||||
14 | firefighter's estate the amount
of his or her accumulated | ||||||
15 | contributions, less the amount of pension
payments, if any, | ||||||
16 | made to the firefighter while living.
| ||||||
17 | (f) An adopted child is eligible for the pension provided | ||||||
18 | under
paragraph (a) if the child was adopted before the | ||||||
19 | firefighter attained age 50.
| ||||||
20 | (g) If a judgment of dissolution of marriage between a | ||||||
21 | firefighter and
spouse is judicially set aside subsequent to | ||||||
22 | the firefighter's death, the
surviving spouse is eligible for | ||||||
23 | the pension provided in paragraph (a) only
if the judicial | ||||||
24 | proceedings are filed within 2 years after the date of the
| ||||||
25 | dissolution of marriage and within one year after the | ||||||
26 | firefighter's death and
the board is made a party to the | ||||||
27 | proceedings. In such case the pension shall be
payable only | ||||||
28 | from the date of the court's order setting aside the judgment | ||||||
29 | of
dissolution of marriage.
| ||||||
30 | (h) Benefits payable on account of a child under this | ||||||
31 | Section shall
not be reduced or terminated by reason of the | ||||||
32 | child's attainment of age 18
if he or she is then dependent by | ||||||
33 | reason of a physical or mental disability
but shall continue to | ||||||
34 | be paid as long as such dependency continues.
Individuals over |
| |||||||
| |||||||
1 | the age of 18 and adjudged as a disabled person pursuant
to | ||||||
2 | Article XIa of the Probate Act of 1975, except for persons | ||||||
3 | receiving
benefits under Article III of the Illinois Public Aid | ||||||
4 | Code, shall be
eligible to receive benefits under this Act.
| ||||||
5 | (i) Beginning January 1, 2000, the pension of the surviving | ||||||
6 | spouse of
a firefighter who dies on or after January 1, 1994 as | ||||||
7 | a result of sickness,
accident, or injury incurred in or | ||||||
8 | resulting from the performance of an act of
duty or from the | ||||||
9 | cumulative effects of acts of duty shall not be less than 100%
| ||||||
10 | of the salary attached to the rank held by the deceased | ||||||
11 | firefighter on the last
day of service, notwithstanding | ||||||
12 | subsection (d) or any other provision of
this Article.
| ||||||
13 | (j) Beginning July 1, 2004, the pension of the surviving | ||||||
14 | spouse of
a firefighter who dies on or after January 1, 1988 as | ||||||
15 | a result of sickness,
accident, or injury incurred in or | ||||||
16 | resulting from the performance of an act of
duty or from the | ||||||
17 | cumulative effects of acts of duty shall not be less than 100%
| ||||||
18 | of the salary attached to the rank held by the deceased | ||||||
19 | firefighter on the last
day of service, notwithstanding | ||||||
20 | subsection (d) or any other provision of
this Article.
| ||||||
21 | (Source: P.A. 93-689, eff. 7-1-04.)
| ||||||
22 | Section 90. The State Mandates Act is amended by adding | ||||||
23 | Section 8.28 as
follows:
| ||||||
24 | (30 ILCS 805/8.28 new)
| ||||||
25 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
26 | of this
Act, no reimbursement by the State is required for the | ||||||
27 | implementation of
any mandate created by this amendatory Act of | ||||||
28 | the 93rd General Assembly.
| ||||||
29 | Section 99. Effective date. This Act takes effect upon | ||||||
30 | becoming law.".
|