94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4317


 
Introduced 12/27/2005, by Rep. Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:
 		















40 ILCS 5/4-108
  from Ch. 108 1/2, par. 4-108



40 ILCS 5/4-108.5 new






30 ILCS 805/8.30 new










    Amends the Illinois Pension Code. Allows a  firefighter for a participating municipality who was employed as  an active firefighter providing fire protection for a village or incorporated town with a population of greater than 10,000 but less that 11,000 located in a county with a population  of greater than 600,000 and less than 700,000, as estimated by the United States Census on July 1, 2004, to elect to establish creditable service for periods of that employment in which the firefighter provided fire protection services for the participating municipality. Provides for calculation of creditable service for service as a part-time firefighter for such a village or incorporated town. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB4317

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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 
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Section 4-108 and  by adding Section 4-108.5 as follows:
 



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    (40 ILCS 5/4-108)  (from Ch. 108 1/2, par. 4-108)



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    Sec. 4-108. Creditable service. 

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    (a) Creditable service is the time served as a firefighter 
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of a
municipality.  In computing creditable service, furloughs 
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and leaves of
absence without pay exceeding 30 days in any one 
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year shall not be counted,
but leaves of absence for illness or 
12
accident regardless of length, and
periods of disability for 
13
which a firefighter received no disability
pension payments 
14
under this Article, shall be counted.

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    (b) Furloughs and leaves of absence of 30 days or less in 
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any one year may
be counted as creditable service, if the 
17
firefighter makes the contribution
to the fund that would have 
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been required had he or she not been
on furlough or leave of 
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absence.  To qualify for this creditable service,
the 
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firefighter must pay the required contributions to the fund not 
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more
than 90 days subsequent to the termination of the furlough 
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or leave of
absence, to the extent that the municipality has 
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not made such contribution
on his or her behalf.

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    (c) Creditable service includes:


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        (1) Service in the military, naval or air forces of the

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    United States entered upon when the person was an active

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    firefighter, provided
that, upon applying for a permanent 
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    pension, and in accordance with the
rules of the board the 
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    firefighter pays into the fund the amount that would
have 
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    been contributed had he or she been a regular contributor 
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    during such
period of service, if and to the extent that 
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    the municipality which the
firefighter served made no such 
 


 






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    contributions in his or her behalf. The
total amount of 
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    such creditable service shall not exceed 5 years, except

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    that any firefighter who on July 1, 1973 had more than 5 
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    years of such
creditable service shall receive the total 
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    amount thereof as of that date.


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        (2) Service prior to July 1, 1976 by a firefighter 
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    initially excluded
from participation by reason of age who 
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    elected to participate and paid
the required contributions 
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    for such service.


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        (3) Up to 8 years of service by a firefighter as an 
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    officer in a statewide
firefighters' association when he is 
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    on a leave of absence from a
municipality's payroll, 
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    provided that (i) the firefighter has at least 10
years of 
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    creditable service as an active firefighter, (ii) the 
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    firefighter
contributes to the fund the amount that he 
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    would have contributed had he
remained an active member of 
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    the fund, and (iii) the employee or statewide
firefighter 
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    association contributes to the fund an amount equal to the

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    employer's required contribution as determined by the 
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    board.


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        (4) Time spent as an on-call fireman for a 
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    municipality,
calculated at the rate of one year of 
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    creditable service for each 5 years
of time spent as an 
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    on-call fireman, provided that (i) the firefighter has
at 
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    least 18 years of creditable service as an active 
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    firefighter, (ii) the
firefighter spent at least 14 years 
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    as an on-call firefighter for the
municipality, (iii) the 
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    firefighter applies for such creditable service
within 30 
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    days after the effective date of this amendatory Act of 
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    1989,
(iv) the firefighter contributes to the  Fund an 
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    amount representing
employee contributions for the number 
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    of years of creditable service
granted under this 
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    subdivision (4), based on the salary and contribution
rate 
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    in effect for the firefighter at the date of entry into the 
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    Fund, to
be determined by the board, and (v) not more than 
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    3 years of creditable
service may be granted under this 
 


 






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    subdivision (4).


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        Except as provided in Section 4-108.5, creditable

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    Creditable service shall not under any other circumstances

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    include time
spent as a volunteer firefighter, whether or 
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    not any compensation was received
therefor. The change made 
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    in this Section by Public Act 83-0463 is intended
to be a 
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    restatement and clarification of existing law, and does not 
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    imply
that creditable service was previously allowed under 
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    this Article for time
spent as a volunteer firefighter.


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        (5) Time served between July 1, 1976 and July 1, 1988 
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    in
the position of protective inspection officer or 
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    administrative assistant
for fire services, for a 
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    municipality with a population under 10,000 that is
located 
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    in a county with a population over 3,000,000 and that 
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    maintains a
firefighters' pension fund under this Article, 
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    if the position included
firefighting duties, 
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    notwithstanding that the person may not have held an

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    appointment as a firefighter, provided that application is 
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    made to the
pension fund within 30 days after the effective 
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    date of this amendatory Act
of 1991, and the corresponding 
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    contributions are paid for the number of
years of service 
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    granted, based upon the salary and contribution rate in

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    effect for the firefighter at the date of entry into the 
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    pension fund, as
determined by the Board.


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        (6) Service before becoming a participant by a 
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    firefighter initially
excluded from participation by 
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    reason of age who becomes a participant
under the amendment 
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    to Section 4-107 made by this amendatory Act of 1993 and

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    pays the required contributions for such service.


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        (7) Up to 3 years of time during which the firefighter 
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    receives a
disability pension under Section 4-110, 
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    4-110.1, or 4-111, provided that (i)
the firefighter 
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    returns to active service after the disability for a period 
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    at
least equal to the period for which credit is to be 
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    established and (ii) the
firefighter makes contributions 
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    to the fund based on the rates specified in
Section 4-118.1 
 


 






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    and the salary upon which the disability pension is based.

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    These contributions may be paid at any time prior to the 
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    commencement of a
retirement pension.  The firefighter may, 
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    but need not, elect to have the
contributions deducted from 
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    the disability pension or to pay them in
installments on a 
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    schedule approved by the board.  If not deducted from the

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    disability pension, the contributions
shall include 
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    interest at the rate of 6% per year, compounded annually, 
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    from
the date for which service credit is being established 
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    to the date of payment.
If contributions are paid under 
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    this subdivision (c)(7) in excess of those
needed to 
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    establish the credit, the excess shall be refunded.  This

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    subdivision (c)(7) applies to persons receiving a 
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    disability pension under
Section 4-110, 4-110.1, or 4-111 
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    on the effective date of this amendatory Act
of the 91st 
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    General Assembly, as well as persons who begin to receive 
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    such a
disability pension after that date.

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(Source: P.A. 91-466, eff. 8-6-99.)

 
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    (40 ILCS 5/4-108.5  new)
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    Sec. 4-108.5. Service for providing certain fire 
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protection services.

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    (a) A firefighter for a participating municipality who was 
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employed as  an active firefighter providing fire protection for 
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a village or incorporated town with a population of greater 
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than 10,000 but less that 11,000 located in a county with a 
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population  of greater than 600,000 and less than 700,000, as 
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estimated by the United States Census on July 1, 2004, may 
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elect to establish creditable service for periods of that 
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employment in which the firefighter provided fire protection 
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services for the participating municipality if, by May 1, 2007, 
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the firefighter (i) makes written application to the Board and 
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(ii) pays into the pension fund the amount that the person 
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would have contributed had deductions from salary been made for 
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this purpose at the time the service was rendered, plus 
35
interest thereon at 6% per annum compounded annually from the 
 


 






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time the service was rendered until the date of payment.
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    (b) Time spent providing fire protection on a part-time 
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basis for a village or incorporated town with a population of 
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greater than 10,000 but less that 11,000 located in a county 
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with a population  of greater than 600,000 and less than 
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700,000, as estimated by the United States Census on July 1, 
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2004, shall be calculated at the rate of one year of creditable 
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service for each 5 years of time spent providing such fire 
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protection, if the firefighter (i) has at least 5 years of 
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creditable service as an active firefighter, (ii) has at least 
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5 years of such  service with a qualifying village or 
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incorporated town, (iii) applies for the creditable service 
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within 30 days after the effective date of this amendatory Act 
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of the 94th General Assembly, and (iv) contributes to the Fund 
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an amount representing employee contributions for the number of 
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years of creditable service granted under this subsection (b) 
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based on the salary and contribution rate in effect for the 
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firefighter at the date of entry into the fund, as determined 
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by the Board. The amount of creditable service granted under 
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this subsection (b) may not exceed 3 years.

 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.30 as
follows:


 
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    (30 ILCS 805/8.30 new)

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    Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this
Act, no reimbursement by the State is required for the 
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implementation of
any mandate created by this amendatory Act of 
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the 94th General Assembly.

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.