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1 | | (1) is a firefighter at the time of withdrawal from |
2 | | the last
pension fund and for at least the final 3 years of |
3 | | employment prior to that
withdrawal;
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4 | | (2) has established service credit with at least one |
5 | | pension fund
established under this Article other than the |
6 | | last pension fund;
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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
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10 | | (4) is in service on or after the effective date of |
11 | | this amendatory Act of
the 93rd General Assembly.
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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 |
15 | | at least one year of service credit but has not received a |
16 | | refund under Section 4-116 (unless the firefighter repays that |
17 | | refund under subsection (g)) or subsection (c) of Section |
18 | | 4-118.1, by applying in
writing and paying the contribution |
19 | | required under subsection (i).
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20 | | (d) From each such pension fund other than the last |
21 | | pension fund, in lieu
of any retirement pension otherwise |
22 | | payable under this Article, a firefighter
to whom this Section |
23 | | applies may elect to receive a monthly pension of 1/12th
of |
24 | | 2.5% of his or her final monthly salary under that fund for |
25 | | each month of
service in that fund, subject to a maximum of 75% |
26 | | of that final monthly salary.
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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:
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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
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8 | | participated in that last pension fund during his or her |
9 | | entire period of
service under all pension funds established |
10 | | under this Article (excluding any period of service for which |
11 | | the firefighter has received a refund under Section 4-116, |
12 | | unless the firefighter repays that refund under subsection |
13 | | (g), or for which the firefighter has received a refund under |
14 | | subsection (c) of Section 4-118.1).
From this hypothetical |
15 | | pension there shall be subtracted the original amounts
of the |
16 | | retirement pensions payable to the firefighter by all other |
17 | | pension
funds under subsection (d). The remainder is the |
18 | | retirement pension payable
to the firefighter by the last |
19 | | pension fund under this subsection (e).
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20 | | (f) Pensions elected under this Section shall be subject |
21 | | to increases as
provided in subsection (d) of Section 4-109.1.
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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 |
25 | | pension fund of the amount of the refund together
with |
26 | | interest thereon at the rate of 6% per year, compounded |
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1 | | annually, from the
date of the refund to the date of payment. A |
2 | | repayment of a refund under this
Section may be made in equal |
3 | | installments over a period of up to 10 years, but
must be paid |
4 | | in full prior to retirement.
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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 |
11 | | Department of Financial and Professional Regulation of his or |
12 | | her intent to receive the benefits provided under this |
13 | | Section.
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14 | | As a condition of being eligible for the benefits provided |
15 | | in this Section, a person who first becomes a firefighter |
16 | | under this Article after December 31, 2010 must (1) within 21 |
17 | | months after being hired or within 21 months after the |
18 | | effective date of this amendatory Act of the 102nd General |
19 | | Assembly, whichever is later, notify the new employer, all of |
20 | | his or her previous employers under this Article, and the |
21 | | Public Pension Division of the Department of Insurance of his |
22 | | or her intent to receive the benefits provided under this |
23 | | Section; and (2) make the required contributions with |
24 | | applicable interest. A person who first becomes a firefighter |
25 | | under this Article after December 31, 2010 and who, before the |
26 | | effective date of this amendatory Act of the 102nd General |
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1 | | Assembly, notified the new employer, all of his or her |
2 | | previous employers under this Article, and the Public Pension |
3 | | Division of the Department of Insurance of his or her intent to |
4 | | receive the benefits provided under this Section shall be |
5 | | deemed to have met the notice requirement under item (1) of the |
6 | | preceding sentence. The changes made to this Section by this |
7 | | amendatory Act of the 102nd General Assembly apply |
8 | | retroactively, notwithstanding Section 1-103.1. |
9 | | (i) In order to receive a pension under this Section or an |
10 | | occupational disease disability pension for which he or she |
11 | | becomes eligible due to the application of subsection (m) of |
12 | | this Section, a firefighter must
pay to each pension fund from |
13 | | which he or she has elected to receive a pension under this |
14 | | Section a contribution equal to 1% of
monthly salary for each |
15 | | month of service credit that the firefighter has in
that fund |
16 | | (other than service credit for which the firefighter has |
17 | | already
paid the additional contribution required under |
18 | | subsection (c) of Section
4-118.1), together with interest |
19 | | thereon at the rate of 6% per annum, compounded
annually, from |
20 | | the firefighter's first day of employment with that fund or |
21 | | the first day of the fiscal year of that fund that immediately |
22 | | precedes the firefighter's first day of employment with that |
23 | | fund, whichever is earlier. |
24 | | In order for a firefighter who, as of the effective date of |
25 | | this amendatory Act of the 93rd General Assembly, has not |
26 | | begun to receive a pension under this Section or an |
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1 | | occupational disease disability pension under subsection (m) |
2 | | of this Section and who has contributed 1/12th of 1% of monthly |
3 | | salary for each month of service credit that the firefighter |
4 | | has in
that fund (other than service credit for which the |
5 | | firefighter has already
paid the additional contribution |
6 | | required under subsection (c) of Section
4-118.1), together |
7 | | with the required interest thereon, to receive a pension under |
8 | | this Section or an occupational disease disability pension for |
9 | | which he or she becomes eligible due to the application of |
10 | | subsection (m) of this Section, the firefighter must, within |
11 | | one year after the effective date of this amendatory Act of the |
12 | | 93rd General Assembly, make an additional contribution equal |
13 | | to 11/12ths of 1% of
monthly salary for each month of service |
14 | | credit that the firefighter has in
that fund (other than |
15 | | service credit for which the firefighter has already
paid the |
16 | | additional contribution required under subsection (c) of |
17 | | Section
4-118.1), together with interest thereon at the rate |
18 | | of 6% per annum, compounded
annually, from the firefighter's |
19 | | first day of employment with that fund or the first day of the |
20 | | fiscal year of that fund that immediately precedes the |
21 | | firefighter's first day of employment with the fund, whichever |
22 | | is earlier. A firefighter who, as of the effective date of this |
23 | | amendatory Act of the 93rd General Assembly, has not begun to |
24 | | receive a pension under this Section or an occupational |
25 | | disease disability pension under subsection (m) of this |
26 | | Section and who has contributed 1/12th of 1% of monthly salary |
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1 | | for each month of service credit that the firefighter has in
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2 | | that fund (other than service credit for which the firefighter |
3 | | has already
paid the additional contribution required under |
4 | | subsection (c) of Section
4-118.1), together with the required |
5 | | interest thereon, in order to receive a pension under this |
6 | | Section or an occupational disease disability pension under |
7 | | subsection (m) of this Section, may elect, within one year |
8 | | after the effective date of this amendatory Act of the 93rd |
9 | | General Assembly to forfeit the benefits provided under this |
10 | | Section and receive a refund of that contribution.
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11 | | (j) A retired firefighter who is receiving pension |
12 | | payments under Section 4-109 may reenter active service under |
13 | | this Article. Subject to the provisions of Section 4-117, the |
14 | | firefighter may receive credit for service performed after the |
15 | | reentry if the firefighter (1) applies to receive credit for |
16 | | that service, (2) suspends his or her pensions under this |
17 | | Section,
and (3) makes the contributions required under |
18 | | subsection (i).
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19 | | (k) A firefighter who is newly hired or promoted to a |
20 | | position as a
firefighter shall not be denied participation in |
21 | | a fund under this Article
based on his or her age. |
22 | | (l) If a firefighter who elects to make contributions |
23 | | under subsection (c) of Section 4-118.1 for the pension |
24 | | benefits provided under this Section becomes entitled to a |
25 | | disability pension under Section 4-110, the last pension fund |
26 | | is responsible to pay that disability pension and the amount |
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1 | | of that disability pension shall be based only on the |
2 | | firefighter's service with the last pension fund. |
3 | | (m) Notwithstanding any provision in Section 4-110.1 to |
4 | | the contrary, if a firefighter who elects to make |
5 | | contributions under subsection (c) of Section 4-118.1 for the |
6 | | pension benefits provided under this Section becomes entitled |
7 | | to an occupational disease disability pension under Section |
8 | | 4-110.1, each pension fund to which the firefighter has made |
9 | | contributions under subsection (c) of Section 4-118.1 must pay |
10 | | a portion of that occupational disease disability pension |
11 | | equal to the proportion that the firefighter's service credit |
12 | | with that pension fund for which the contributions under |
13 | | subsection (c) of Section 4-118.1 have been made bears to the |
14 | | firefighter's total service credit with all of the pension |
15 | | funds for which the contributions under subsection (c) of |
16 | | Section 4-118.1 have been made. A firefighter who has made |
17 | | contributions under subsection (c) of Section 4-118.1 for at |
18 | | least 5 years of creditable service shall be deemed to have met |
19 | | the 5-year creditable service requirement under Section |
20 | | 4-110.1, regardless of whether the firefighter has 5 years of |
21 | | creditable service with the last pension fund. |
22 | | (n) If a firefighter who elects to make contributions |
23 | | under subsection (c) of Section 4-118.1 for the pension |
24 | | benefits provided under this Section becomes entitled to a |
25 | | disability pension under Section 4-111, the last pension fund |
26 | | is responsible to pay that disability pension, provided that |
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1 | | the firefighter has at least 7 years of creditable service |
2 | | with the last pension fund.
In the event a firefighter began |
3 | | employment with a new employer as a result of an |
4 | | intergovernmental agreement that resulted in the elimination |
5 | | of the previous employer's fire department, the firefighter |
6 | | shall not be required to have 7 years of creditable service |
7 | | with the last pension fund to qualify for a disability pension |
8 | | under Section 4-111. Under this circumstance, a firefighter |
9 | | shall be required to have 7 years of total combined creditable |
10 | | service time to qualify for a disability pension under Section |
11 | | 4-111. The disability pension received pursuant to this |
12 | | Section shall be paid by the previous employer and new |
13 | | employer in proportion to the firefighter's years of service |
14 | | with each employer.
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15 | | (Source: P.A. 95-1032, eff. 2-17-09; 95-1036, eff. 2-17-09.)
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16 | | Section 90. The State Mandates Act is amended by adding |
17 | | Section 8.45 as follows: |
18 | | (30 ILCS 805/8.45 new) |
19 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and |
20 | | 8 of this Act, no reimbursement by the State is required for |
21 | | the implementation of any mandate created by this amendatory |
22 | | Act of the 102nd General Assembly.
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23 | | Section 99. Effective date. This Act takes effect upon |