Rep. Kevin Joyce
Filed: 5/15/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2047
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2047 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Section 4-109.3 as follows: | ||||||
6 | (40 ILCS 5/4-109.3)
| ||||||
7 | Sec. 4-109.3. Employee creditable service. | ||||||
8 | (a) As used in this Section:
| ||||||
9 | "Final monthly salary" means the monthly salary attached to | ||||||
10 | the rank held by
the firefighter at the time of his or her last | ||||||
11 | withdrawal from service under a
particular pension fund.
| ||||||
12 | "Last pension fund" means the pension fund in which the | ||||||
13 | firefighter was
participating at the time of his or her last | ||||||
14 | withdrawal from service.
| ||||||
15 | (b) The benefits provided under this Section are available | ||||||
16 | only to a
firefighter who:
|
| |||||||
| |||||||
1 | (1) is a firefighter at the time of withdrawal from the | ||||||
2 | last
pension fund and for at least the final 3 years of | ||||||
3 | employment prior to that
withdrawal;
| ||||||
4 | (2) has established service credit with at least one | ||||||
5 | pension fund
established under this Article other than the | ||||||
6 | last pension fund;
| ||||||
7 | (3) has a total of at least 20 years of service under | ||||||
8 | the various
pension funds established under this Article | ||||||
9 | and has attained age 50; and
| ||||||
10 | (4) is in service on or after the effective date of | ||||||
11 | this amendatory Act of
the 93rd General Assembly.
| ||||||
12 | (c) A firefighter who is eligible for benefits under this | ||||||
13 | Section may elect
to receive a retirement pension from each | ||||||
14 | pension fund under this Article in
which the firefighter has at | ||||||
15 | least one year of service credit but has not received a refund | ||||||
16 | under Section 4-116 (unless the firefighter repays that refund | ||||||
17 | under subsection (g)) or subsection (c) of Section 4-118.1, by | ||||||
18 | applying in
writing and paying the contribution required under | ||||||
19 | subsection (i).
| ||||||
20 | (d) From each such pension fund other than the last pension | ||||||
21 | fund, in lieu
of any retirement pension otherwise payable under | ||||||
22 | this Article, a firefighter
to whom this Section applies may | ||||||
23 | elect to receive a monthly pension of 1/12th
of 2.5% of his or | ||||||
24 | her final monthly salary under that fund for each month of
| ||||||
25 | service in that fund, subject to a maximum of 75% of that final | ||||||
26 | monthly salary.
|
| |||||||
| |||||||
1 | (e) From the last pension fund, in lieu of any retirement | ||||||
2 | pension otherwise
payable under this Article, a firefighter to | ||||||
3 | whom this Section applies may
elect to receive a monthly | ||||||
4 | pension calculated as follows:
| ||||||
5 | The last pension fund shall calculate the retirement | ||||||
6 | pension that
would be payable to the firefighter under | ||||||
7 | subsection (a) of Section 4-109 as if he
or she had
| ||||||
8 | participated in that last pension fund during his or her entire | ||||||
9 | period of
service under all pension funds established under | ||||||
10 | this Article (excluding any period of service for which the | ||||||
11 | firefighter has received a refund under Section 4-116, unless | ||||||
12 | the firefighter repays that refund under subsection (g), or for | ||||||
13 | which the firefighter has received a refund under subsection | ||||||
14 | (c) of Section 4-118.1).
From this hypothetical pension there | ||||||
15 | shall be subtracted the original amounts
of the retirement | ||||||
16 | pensions payable to the firefighter by all other pension
funds | ||||||
17 | under subsection (d). The remainder is the retirement pension | ||||||
18 | payable
to the firefighter by the last pension fund under this | ||||||
19 | subsection (e).
| ||||||
20 | (f) Pensions elected under this Section shall be subject to | ||||||
21 | increases as
provided in subsection (d) of Section 4-109.1.
| ||||||
22 | (g) A current firefighter may reinstate creditable service | ||||||
23 | in a
pension fund established under this Article that was | ||||||
24 | terminated upon receipt of
a refund, by payment to that pension | ||||||
25 | fund of the amount of the refund together
with interest thereon | ||||||
26 | at the rate of 6% per year, compounded annually, from the
date |
| |||||||
| |||||||
1 | of the refund to the date of payment. A repayment of a refund | ||||||
2 | under this
Section may be made in equal installments over a | ||||||
3 | period of up to 10 years, but
must be paid in full prior to | ||||||
4 | retirement.
| ||||||
5 | (h) As a condition of being eligible for the benefits | ||||||
6 | provided in this Section, a person who is hired to a position | ||||||
7 | as a firefighter on or after July 1, 2004 must, within 21 | ||||||
8 | months after being hired, notify
the new employer, all of his | ||||||
9 | or her previous employers under this Article, and
the Public | ||||||
10 | Pension Division of the Division of Insurance of the Department | ||||||
11 | of Financial and Professional Regulation of his or her intent | ||||||
12 | to receive the benefits provided under this Section.
| ||||||
13 | (i) In order to receive a pension under this Section or an | ||||||
14 | occupational disease disability pension for which he or she | ||||||
15 | becomes eligible due to the application of subsection (m) of | ||||||
16 | this Section, a firefighter must
pay to each pension fund from | ||||||
17 | which he or she has elected to receive a pension under this | ||||||
18 | Section a contribution equal to 1% of
monthly salary for each | ||||||
19 | month of service credit that the firefighter has in
that fund | ||||||
20 | (other than service credit for which the firefighter has | ||||||
21 | already
paid the additional contribution required under | ||||||
22 | subsection (c) of Section
4-118.1), together with interest | ||||||
23 | thereon at the rate of 6% per annum, compounded
annually, from | ||||||
24 | the firefighter's first day of employment with that fund or the | ||||||
25 | first day of the fiscal year of that fund that immediately | ||||||
26 | precedes the firefighter's first day of employment with that |
| |||||||
| |||||||
1 | fund, whichever is earlier. | ||||||
2 | In order for a firefighter who, as of the effective date of | ||||||
3 | this amendatory Act of the 93rd General Assembly, has not begun | ||||||
4 | to receive a pension under this Section or an occupational | ||||||
5 | disease disability pension under subsection (m) of this Section | ||||||
6 | and who has contributed 1/12th of 1% of monthly salary for each | ||||||
7 | month of service credit that the firefighter has in
that fund | ||||||
8 | (other than service credit for which the firefighter has | ||||||
9 | already
paid the additional contribution required under | ||||||
10 | subsection (c) of Section
4-118.1), together with the required | ||||||
11 | interest thereon, to receive a pension under this Section or an | ||||||
12 | occupational disease disability pension for which he or she | ||||||
13 | becomes eligible due to the application of subsection (m) of | ||||||
14 | this Section, the firefighter must, within one year after the | ||||||
15 | effective date of this amendatory Act of the 93rd General | ||||||
16 | Assembly, make an additional contribution equal to 11/12ths of | ||||||
17 | 1% of
monthly salary for each month of service credit that the | ||||||
18 | firefighter has in
that fund (other than service credit for | ||||||
19 | which the firefighter has already
paid the additional | ||||||
20 | contribution required under subsection (c) of Section
| ||||||
21 | 4-118.1), together with interest thereon at the rate of 6% per | ||||||
22 | annum, compounded
annually, from the firefighter's first day of | ||||||
23 | employment with that fund or the first day of the fiscal year | ||||||
24 | of that fund that immediately precedes the firefighter's first | ||||||
25 | day of employment with the fund, whichever is earlier. A | ||||||
26 | firefighter who, as of the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 93rd General Assembly, has not begun to receive a | ||||||
2 | pension under this Section or an occupational disease | ||||||
3 | disability pension under subsection (m) of this Section and who | ||||||
4 | has contributed 1/12th of 1% of monthly salary for each month | ||||||
5 | of service credit that the firefighter has in
that fund (other | ||||||
6 | than service credit for which the firefighter has already
paid | ||||||
7 | the additional contribution required under subsection (c) of | ||||||
8 | Section
4-118.1), together with the required interest thereon, | ||||||
9 | in order to receive a pension under this Section or an | ||||||
10 | occupational disease disability pension under subsection (m) | ||||||
11 | of this Section, may elect, within one year after the effective | ||||||
12 | date of this amendatory Act of the 93rd General Assembly to | ||||||
13 | forfeit the benefits provided under this Section and receive a | ||||||
14 | refund of that contribution.
| ||||||
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 |
| |||||||
| |||||||
1 | subsection (c) of Section 4-118.1 for the pension benefits | ||||||
2 | provided under this Section becomes entitled to a disability | ||||||
3 | pension under Section 4-110, the last pension fund is | ||||||
4 | responsible to pay that disability pension and the amount of | ||||||
5 | that disability pension shall be based only on the | ||||||
6 | firefighter's service with the last pension fund. | ||||||
7 | (m) Notwithstanding any provision in Section 4-110.1 to the | ||||||
8 | contrary, if a firefighter who elects to make contributions | ||||||
9 | under subsection (c) of Section 4-118.1 for the pension | ||||||
10 | benefits provided under this Section becomes entitled to an | ||||||
11 | occupational disease disability pension under Section 4-110.1, | ||||||
12 | each pension fund to which the firefighter has made | ||||||
13 | contributions under subsection (c) of Section 4-118.1 must pay | ||||||
14 | a portion of that occupational disease disability pension equal | ||||||
15 | to the proportion that the firefighter's service credit with | ||||||
16 | that pension fund for which the contributions under subsection | ||||||
17 | (c) of Section 4-118.1 have been made bears to the | ||||||
18 | firefighter's total service credit with all of the pension | ||||||
19 | funds for which the contributions under subsection (c) of | ||||||
20 | Section 4-118.1 have been made. A firefighter who has made | ||||||
21 | contributions under subsection (c) of Section 4-118.1 for at | ||||||
22 | least 5 years of creditable service shall be deemed to have met | ||||||
23 | the 5-year creditable service requirement under Section | ||||||
24 | 4-110.1, regardless of whether the firefighter has 5 years of | ||||||
25 | creditable service with the last pension fund. | ||||||
26 | (n) If a firefighter who elects to make contributions under |
| |||||||
| |||||||
1 | subsection (c) of Section 4-118.1 for the pension benefits | ||||||
2 | provided under this Section becomes entitled to a disability | ||||||
3 | pension under Section 4-111, the last pension fund is | ||||||
4 | responsible to pay that disability pension, provided that the | ||||||
5 | firefighter has at least 7 years of creditable service with the | ||||||
6 | last pension fund.
In the event a firefighter began employment | ||||||
7 | with a new employer as a result of an intergovernmental | ||||||
8 | agreement that resulted in the elimination of the previous | ||||||
9 | employer's fire department, the firefighter shall not be | ||||||
10 | required to have 7 years of creditable service with the last | ||||||
11 | pension fund to qualify for a disability pension under Section | ||||||
12 | 4-111. Under this circumstance, a firefighter shall be required | ||||||
13 | to have 7 years of total combined creditable service time to | ||||||
14 | qualify for a disability pension under Section 4-111. The | ||||||
15 | disability pension received pursuant to this Section shall be | ||||||
16 | paid by the previous employer and new employer in proportion to | ||||||
17 | the firefighter's years of service with each employer.
| ||||||
18 | (Source: P.A. 93-689, eff. 7-1-04; 93-1090, eff. 3-11-05.)
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
|