SB2199 97TH GENERAL ASSEMBLY

LRB097 05072 JDS 45113 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2199

Introduced 2/10/2011, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

40 ILCS 5/4-108.4
30 ILCS 805/8.35 new

Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that a firefighter employed by a village with a population on July 1, 2007 greater than 9,000 but less than 12,000 who was excluded from participation in a downstate firefighter fund prior to January 1, 1996 because the firefighter earned credit for that service under the Illinois Municipal Retirement Fund Article for the same municipality may also elect to establish creditable service for those periods of employment for that municipality's emergency services as a firefighter, EMT, or paramedic during which he or she was excluded from participation in a downstate firefighter fund. Amends the State Mandates Act to require implementation without reimbursement.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Section 4-108.4 as follows:

(40 ILCS 5/4-108.4)

Sec. 4-108.4. Transfer of creditable service from Article 7 fund.

(a) Any firefighter who was excluded from participation in an Article 4 fund because the firefighter earned credit for that service under Article 7 of this Code and who is a participant in the Illinois Municipal Retirement Fund may become an active participant in that firefighter pension fund by making a written application to the Board. Persons so applying shall begin participation on the first day of the month following the month in which the application is received by the Board. An employee who makes application for participation shall not be deemed ineligible to participate in the firefighter pension fund by reason of having failed to apply within the 3-month period specified in subsection (b) of Section 4-107.

(a-1) A firefighter employed by a village with a population on July 1, 2007 greater than 9,000 but less than 12,000 who was excluded from participation in an Article 4 fund prior to January 1, 1996 because the firefighter earned credit for that service under Article 7 of this Code for the same municipality may also elect to establish creditable service for those periods of employment for that municipality's emergency services as a firefighter, EMT, or paramedic during which he or she was excluded from participation in an Article 4 fund by paying into the fund the amount that the person would have contributed had deductions from salary been made for this purpose at the time the service was rendered, together with interest thereon at 6% per annum, compounded annually, from the time the service was rendered until the date of payment, less any amounts transferred from the Illinois Municipal Retirement Fund under Section 7-139.10.

(b) A firefighter who was excluded from participation in an Article 4 fund because the firefighter earned credit for that service under Article 7 of this Code and who is a participant in the Illinois Municipal Retirement Fund may also elect to establish creditable service for those periods of employment as a firefighter during which he or she was excluded from participation in an Article 4 fund by paying into the fund the amount that the person would have contributed had deductions from salary been made for this purpose at the time the service was rendered, together with interest thereon at 6% per annum, compounded annually, from the time the service was rendered until the date of payment, less any amounts transferred from the Illinois Municipal Retirement Fund under Section 7-139.10.

(c) In no event shall pension credit for the same service rendered by an employee be accredited in more than one pension fund or retirement system under this Code. If an employee applies for service credit under subsection (a-1) or (b), then any creditable service time accumulated in the Illinois Municipal Retirement Fund for the same period must be transferred to the Article 4 fund under Section 7-139.10.

(Source: P.A. 93-689, eff. 7-1-04.)

Section 90. The State Mandates Act is amended by adding Section 8.35 as follows:

(30 ILCS 805/8.35 new)

Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 97th General Assembly.