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1 | AN ACT in relation to public employee benefits.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||
5 | Section 6-209
as follows:
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6 | (40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
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7 | Sec. 6-209. Computation of service.
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8 | (A) In computing the service rendered by a fireman prior to
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9 | the effective date, the following periods shall be counted, in | ||||||||||||||||||||||||||
10 | addition
to all periods during which he performed the duties of | ||||||||||||||||||||||||||
11 | his position, as
periods of service for annuity purposes only: | ||||||||||||||||||||||||||
12 | All periods of (a)
vacation, (b) leave of absence with whole or | ||||||||||||||||||||||||||
13 | part pay, (c) leave of
absence without pay which were necessary | ||||||||||||||||||||||||||
14 | on account of disability, and
(d) leave of absence during which | ||||||||||||||||||||||||||
15 | he was engaged in the military or
naval service of the United | ||||||||||||||||||||||||||
16 | States of America. Service credit shall not
be allowed for any | ||||||||||||||||||||||||||
17 | period during which a fireman was in receipt of
pension on | ||||||||||||||||||||||||||
18 | account of disability from any pension fund superseded by
this | ||||||||||||||||||||||||||
19 | fund.
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20 | (B) In computing the service rendered by a fireman on and | ||||||||||||||||||||||||||
21 | after
the effective date, the following periods shall be | ||||||||||||||||||||||||||
22 | counted in addition
to all periods during which he performed | ||||||||||||||||||||||||||
23 | the duties of his position,
as periods of service for annuity |
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1 | purposes only: All periods of (a)
vacation, (b) leave of | ||||||
2 | absence with whole or part pay, (c) leave of
absence during | ||||||
3 | which he was engaged in the military or naval service of
the | ||||||
4 | United States of America, (d) disability for which he receives | ||||||
5 | any
disability benefit, (e) disability for which he receives | ||||||
6 | whole or part
pay, (f) leave of absence, or other authorized | ||||||
7 | relief from active
duty, during which he served as president of | ||||||
8 | The Firemen's Association of
Chicago, (g) periods of suspension | ||||||
9 | from duty not to exceed a total of one
year during the total | ||||||
10 | period of service of the fireman, and (h) a period of
time not | ||||||
11 | to exceed 23 days in 1980 in accordance with an agreement with
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12 | the City on a settlement of strike; provided that the fireman | ||||||
13 | elects to
make contributions to the Fund for the various | ||||||
14 | annuity and benefit purposes
according to the provisions of | ||||||
15 | this Article as though he were an active
fireman, based upon | ||||||
16 | the salary attached to the civil service rank held by
him | ||||||
17 | during such absence from duty, and if the fireman so elects, | ||||||
18 | the city
shall make the prescribed concurrent contributions for | ||||||
19 | such annuity and
benefit purposes as provided in this Article, | ||||||
20 | all to the end that such
fireman shall be entitled to receive | ||||||
21 | the same annuities and benefits for
which he would otherwise be | ||||||
22 | eligible if he had continued as an active
fireman during the | ||||||
23 | periods of absence from duty.
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24 | (C) In computing service on and after the effective date | ||||||
25 | for ordinary
disability benefit, all periods described in | ||||||
26 | subsection (B)
the preceding
paragraph , except any period for |
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1 | which a fireman receives ordinary disability
benefit, shall be | ||||||
2 | counted as periods of service.
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3 | (D) In computing service for any of the purposes of this | ||||||
4 | Article,
credit shall be given for any periods prior to January | ||||||
5 | 9, 1997,
during which an active fireman (or fire paramedic) who | ||||||
6 | is a member of the
General Assembly is on leave of absence or | ||||||
7 | is otherwise
authorized to be absent from duty to enable him to | ||||||
8 | perform his legislative
duties, notwithstanding any reduction | ||||||
9 | in salary for such periods and
notwithstanding that the | ||||||
10 | contributions paid by the fireman were based on
such reduced | ||||||
11 | salary rather than the full amount of salary attached to his
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12 | civil service rank.
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13 | (E) In computing service for any of the purposes of this | ||||||
14 | Article, credit
shall be given for up to 24 months of service | ||||||
15 | in the armed forces of the United
States during which the | ||||||
16 | fireman was not on leave of absence from employment
under this | ||||||
17 | Article. In order to receive creditable service for military
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18 | service under this subsection (E), a fireman must (1) apply to | ||||||
19 | the Fund in
writing and provide evidence of the military | ||||||
20 | service that is satisfactory to
the Board and (2) make | ||||||
21 | contributions to the Fund equal to (i) the employee
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22 | contributions that would have been required had the service | ||||||
23 | been rendered as
a fireman, plus (ii) an amount determined by | ||||||
24 | the Board to be equal to the
employer's normal cost of the | ||||||
25 | benefits accrued for that military service, plus
(iii) interest | ||||||
26 | on items (i) and (ii) from the date of first membership in the
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1 | Fund following that military service to the date of payment. If | ||||||
2 | payment is
made during the 6-month period that begins 3 months | ||||||
3 | after the effective date of
this amendatory Act of the 95th | ||||||
4 | General Assembly, the required interest shall
be at the rate of | ||||||
5 | 2.5% per year, compounded annually; otherwise, the required
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6 | interest shall be calculated at the rate of 6% per year, | ||||||
7 | compounded annually.
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8 | (F) In computing service for any of the purposes of this | ||||||
9 | Article,
no credit shall be given for any period during which a | ||||||
10 | fireman was not
rendering active service because of his | ||||||
11 | discharge from the service,
unless proceedings to test the | ||||||
12 | legality of the discharge are filed in a
court of competent | ||||||
13 | jurisdiction within one year from the date of
discharge and a | ||||||
14 | final judgment is entered therein declaring the
discharge | ||||||
15 | illegal.
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16 | No overtime or extra service shall be included in computing | ||||||
17 | service
of a fireman and not more than one year or a proper | ||||||
18 | fractional part
thereof of service shall be allowed for service | ||||||
19 | rendered during any
calendar year.
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20 | (Source: P.A. 86-273; 86-1488; 87-1265.)
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21 | Section 90. The State Mandates Act is amended by adding | ||||||
22 | Section 8.31 as follows: | ||||||
23 | (30 ILCS 805/8.31 new) | ||||||
24 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 |
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1 | of this Act, no reimbursement by the State is required for the | ||||||
2 | implementation of any mandate created by this amendatory Act of | ||||||
3 | the 95th General Assembly. | ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law. |