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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||
5 | Section 6-111 as follows:
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6 | (40 ILCS 5/6-111)
(from Ch. 108 1/2, par. 6-111)
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7 | Sec. 6-111. Salary. "Salary": Subject to Section 6-211, the | ||||||||||||||||||||||||
8 | annual salary
of a fireman, as follows:
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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.
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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.
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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.
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19 | (d) "Salary" means the actual amount of the annual salary | ||||||||||||||||||||||||
20 | attached to the
permanent career service rank held by the | ||||||||||||||||||||||||
21 | fireman , including specialty pay , except as provided in
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22 | subsection (e).
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23 | (e) In the case of a fireman who holds an exempt position |
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1 | above career
service rank:
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2 | (1) For the purpose of computing employee and city | ||||||
3 | contributions,
"salary" means the actual salary attached | ||||||
4 | to the exempt rank position held
by the fireman.
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5 | (2) For the purpose of computing benefits: "salary" | ||||||
6 | means the actual
salary attached to the exempt rank | ||||||
7 | position held by the fireman, if (i) the
contributions | ||||||
8 | specified in Section 6-211 have been made, (ii) the fireman | ||||||
9 | has
held one or more exempt positions for at least 5 | ||||||
10 | consecutive years and has held
the rank of battalion chief | ||||||
11 | or field officer for at least 5 years during the
exempt | ||||||
12 | period, and (iii) the fireman was born before 1955; | ||||||
13 | otherwise, "salary"
means the salary attached to the | ||||||
14 | permanent career service rank held by the
fireman, as | ||||||
15 | provided in subsection (d).
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16 | (f) Beginning on the effective date of this amendatory Act | ||||||
17 | of the 93rd
General Assembly, and for any prior periods for | ||||||
18 | which contributions have been
paid under subsection (g) of this | ||||||
19 | Section, all salary payments made to any
active or former | ||||||
20 | fireman who holds or previously held the permanent assigned
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21 | position or classified career service rank, grade, or position | ||||||
22 | of ambulance
commander shall be included as salary for all | ||||||
23 | purposes under this Article.
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24 | (g) Any active or former fireman who held the permanent | ||||||
25 | assigned position or
classified career service rank, grade, or | ||||||
26 | position of ambulance commander may
elect to have the full |
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1 | amount of the salary attached to that permanent
assigned | ||||||
2 | position or classified career service rank, grade, or position
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3 | included
in the calculation of his or her salary for any period | ||||||
4 | during which the fireman
held the permanent assigned position | ||||||
5 | or classified career service rank, grade,
or position of | ||||||
6 | ambulance commander by applying in writing and making all
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7 | employee and employer contributions, without interest, related | ||||||
8 | to the actual
salary payments corresponding to the permanent | ||||||
9 | assigned position or classified
career service rank, grade, or | ||||||
10 | position of ambulance commander for all periods
beginning on or | ||||||
11 | after January 1, 1995. All applicable contributions must be
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12 | paid in full to the Fund before January 1, 2006 before the | ||||||
13 | payment of any
benefit under this subsection (g) will be made.
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14 | Any former fireman or widow of a fireman who (i) held the | ||||||
15 | permanent assigned
position or classified career service rank, | ||||||
16 | grade, or position of ambulance
commander, (ii) is in receipt | ||||||
17 | of annuity on the effective date of this
amendatory Act of the | ||||||
18 | 93rd General Assembly, and (iii) pays to the Fund
contributions | ||||||
19 | under this subsection (g) for salary payments at the permanent
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20 | assigned position or classified career service rank, grade, or | ||||||
21 | position of
ambulance commander shall have his or her annuity | ||||||
22 | recalculated to reflect the
ambulance commander salary and the | ||||||
23 | resulting increase shall become payable on
the next annuity | ||||||
24 | payment date following the date the contribution is received
by | ||||||
25 | the Fund.
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26 | In the case of an active or former fireman who (i) dies |
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1 | before January 1,
2006 without making an election under this | ||||||
2 | subsection and (ii) was eligible to
make an election under this | ||||||
3 | subsection at the time of death (or would have been
eligible | ||||||
4 | had the death occurred after the effective date of this | ||||||
5 | amendatory
Act), any surviving spouse, child, or parent of the | ||||||
6 | fireman who is eligible
to receive a benefit under this Article | ||||||
7 | based on the fireman's salary may make
that election and pay | ||||||
8 | the required contributions on behalf of the deceased
fireman. | ||||||
9 | If the death occurs within the 30 days immediately preceding | ||||||
10 | January
1, 2006, the deadline for application and payment is | ||||||
11 | extended to January 31,
2006.
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12 | Any portion of the compensation received for service as an | ||||||
13 | ambulance
commander for which the corresponding contributions | ||||||
14 | have not been paid
shall not be included in the calculation of | ||||||
15 | salary.
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16 | (h) Beginning January 1, 1999, with respect to a fireman | ||||||
17 | who is licensed by
the State as an Emergency Medical | ||||||
18 | Technician, references in this Article to the
fireman's salary | ||||||
19 | or the salary attached to or appropriated for the permanent
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20 | assigned position or classified career service rank, grade, or | ||||||
21 | position of the
fireman shall be deemed to include any | ||||||
22 | additional compensation payable to the
fireman by virtue of | ||||||
23 | being licensed as an Emergency Medical Technician, as
provided | ||||||
24 | under a collective bargaining agreement with the city.
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25 | (i) Beginning on the effective date of this amendatory Act | ||||||
26 | of the 93rd
General Assembly (and for any period prior to that |
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1 | date for which contributions
have been paid under subsection | ||||||
2 | (j) of this Section), the salary of a fireman,
as calculated | ||||||
3 | for any purpose under this Article, shall include any duty
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4 | availability pay received by the fireman (i) pursuant to a | ||||||
5 | collective
bargaining agreement or (ii) pursuant to an | ||||||
6 | appropriation ordinance in an
amount equivalent to the amount | ||||||
7 | of duty availability pay received by other
firemen pursuant to | ||||||
8 | a collective bargaining agreement, and references in this
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9 | Article to the salary attached to or appropriated for the | ||||||
10 | permanent assigned
position or classified career service rank, | ||||||
11 | grade, or position of the fireman
shall be deemed to include | ||||||
12 | that duty availability pay.
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13 | (j) An active or former fireman who received duty | ||||||
14 | availability pay at any
time after December 31, 1994 and before | ||||||
15 | the effective date of this amendatory
Act of the 93rd General | ||||||
16 | Assembly and who either (1) retired during that period
or (2) | ||||||
17 | had attained age 46 and at least 16 years of service by the | ||||||
18 | effective
date of this amendatory Act may elect to have that | ||||||
19 | duty availability pay
included in the calculation of his or her | ||||||
20 | salary for any portion of that period
for which the pay was | ||||||
21 | received, by applying in writing and paying to the Fund,
before | ||||||
22 | January 1, 2006, the corresponding employee contribution,
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23 | without interest.
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24 | In the case of an applicant who is receiving an annuity at | ||||||
25 | the time the
application and contribution are received by the | ||||||
26 | Fund, the annuity shall be
recalculated and the resulting |
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1 | increase shall become payable on the next
annuity payment date | ||||||
2 | following the date the contribution is received by the
Fund.
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3 | In the case of an active or former fireman who (i) dies | ||||||
4 | before January 1,
2006 without making an election under this | ||||||
5 | subsection and (ii) was eligible to
make an election under this | ||||||
6 | subsection at the time of death (or would have been
eligible | ||||||
7 | had the death occurred after the effective date of this | ||||||
8 | amendatory
Act), any surviving spouse, child, or parent of the | ||||||
9 | fireman who is eligible to
receive a benefit under this Article | ||||||
10 | based on the fireman's salary may make
that election and pay | ||||||
11 | the required contribution on behalf of the deceased
fireman. If | ||||||
12 | the death occurs within the 30 days immediately preceding | ||||||
13 | January
1, 2006, the deadline for application and payment is | ||||||
14 | extended to January 31,
2006.
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15 | Any duty availability pay for which the corresponding | ||||||
16 | employee contribution
has not been paid shall not be included | ||||||
17 | in the calculation of salary.
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18 | (k) The changes to this Section made by this amendatory Act | ||||||
19 | of the 93rd
General Assembly are not limited to firemen in | ||||||
20 | service on or after the
effective date of this amendatory Act.
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21 | (Source: P.A. 93-654, eff. 1-16-04.)
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