Full Text of HB0612 093rd General Assembly
HB0612enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to pensions.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 4-109.3, 4-110, 4-110.1, 4-111, and 4-114 as follows: | 6 |
| (40 ILCS 5/4-109.3)
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| Sec. 4-109.3. Employee creditable service.
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| (a) As used in this Section:
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| "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.
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| "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.
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| (b) The benefits provided under this Section are available | 16 |
| only to a
firefighter who:
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| (1) is a firefighter at the time of withdrawal from the | 18 |
| last
pension fund and for at least the final 3 years of | 19 |
| employment prior to that
withdrawal;
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| (2) has established service credit with at least one | 21 |
| pension fund
established under this Article other than the | 22 |
| last pension fund;
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| (3) has a total of at least 20 years of service under | 24 |
| the various
pension funds established under this Article | 25 |
| and has attained age 50; and
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| (4) is in service on or after the effective date of | 27 |
| this amendatory Act of
the 93rd General Assembly.
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| (c) A firefighter who is eligible for benefits under this | 29 |
| Section may elect
to receive a retirement pension from each | 30 |
| pension fund under this Article in
which the firefighter has at | 31 |
| least one year of service credit but has not received a refund | 32 |
| under Section 4-116 (unless the firefighter repays that refund |
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| under subsection (g)) or subsection (c) of Section 4-118.1, by | 2 |
| applying in
writing and paying the contribution required under | 3 |
| subsection (i).
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| (d) From each such pension fund other than the last pension | 5 |
| fund, in lieu
of any retirement pension otherwise payable under | 6 |
| this Article, a firefighter
to whom this Section applies may | 7 |
| elect to receive a monthly pension of 1/12th
of 2.5% of his or | 8 |
| her final monthly salary under that fund for each month of
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| service in that fund, subject to a maximum of 75% of that final | 10 |
| monthly salary.
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| (e) From the last pension fund, in lieu of any retirement | 12 |
| pension otherwise
payable under this Article, a firefighter to | 13 |
| whom this Section applies may
elect to receive a monthly | 14 |
| pension calculated as follows:
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| The last pension fund shall calculate the retirement | 16 |
| pension that
would be payable to the firefighter under | 17 |
| subsection (a) of Section 4-109 as if he
or she had
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| participated in that last pension fund during his or her entire | 19 |
| period of
service under all pension funds established under | 20 |
| this Article (excluding any period of service for which the | 21 |
| firefighter has received a refund under Section 4-116, unless | 22 |
| the firefighter repays that refund under subsection (g), or for | 23 |
| which the firefighter has received a refund under subsection | 24 |
| (c) of Section 4-118.1).
From this hypothetical pension there | 25 |
| shall be subtracted the original amounts
of the retirement | 26 |
| pensions payable to the firefighter by all other pension
funds | 27 |
| under subsection (d). The remainder is the retirement pension | 28 |
| payable
to the firefighter by the last pension fund under this | 29 |
| subsection (e).
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| (f) Pensions elected under this Section shall be subject to | 31 |
| increases as
provided in subsection (d) of Section 4-109.1.
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| (g) A current firefighter may reinstate creditable service | 33 |
| in a
pension fund established under this Article that was | 34 |
| terminated upon receipt of
a refund, by payment to that pension | 35 |
| fund of the amount of the refund together
with interest thereon | 36 |
| at the rate of 6% per year, compounded annually, from the
date |
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| 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.
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| (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
the effective date of | 8 |
| this amendatory Act of the
93rd General Assembly, a firefighter | 9 |
| must , within 21 months after being hired, notify
the new | 10 |
| employer, all of his or her previous employers under this | 11 |
| Article, and
the Public Pension Division of the Division
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| Department of Insurance of the Department of Financial and | 13 |
| Professional Regulation , within one year of
being hired, of his | 14 |
| or her intent to receive the benefits provided under this | 15 |
| Section
all periods of service of at
least one year under a | 16 |
| pension fund established under this Article .
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| (i) In order to receive a pension under this Section or an | 18 |
| occupational disease disability pension for which he or she | 19 |
| becomes eligible due to the application of subsection (m) of | 20 |
| this Section, a firefighter must
pay to each pension fund from | 21 |
| which he or she has elected to receive a pension under this | 22 |
| Section a contribution equal to 1/12th of 1% of
monthly salary | 23 |
| for each month of service credit that the firefighter has in
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| that fund (other than service credit for which the firefighter | 25 |
| has already
paid the additional contribution required under | 26 |
| subsection (c) of Section
4-118.1), together with interest | 27 |
| thereon at the rate of 6% per annum, compounded
annually, from | 28 |
| the firefighter's first day of employment with that fund or the | 29 |
| first day of the fiscal year of that fund that immediately | 30 |
| precedes the firefighter's first day of employment with that | 31 |
| fund, whichever is earlier. | 32 |
| In order for a firefighter who, as of the effective date of | 33 |
| this amendatory Act of the 93rd General Assembly, has not begun | 34 |
| to receive a pension under this Section or an occupational | 35 |
| disease disability pension under subsection (m) of this Section | 36 |
| and who has contributed 1/12th of 1% of monthly salary for each |
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| month of service credit that the firefighter has in
that fund | 2 |
| (other than service credit for which the firefighter has | 3 |
| already
paid the additional contribution required under | 4 |
| subsection (c) of Section
4-118.1), together with the required | 5 |
| interest thereon, to receive a pension under this Section or an | 6 |
| occupational disease disability pension for which he or she | 7 |
| becomes eligible due to the application of subsection (m) of | 8 |
| this Section, the firefighter must, within one year after the | 9 |
| effective date of this amendatory Act of the 93rd General | 10 |
| Assembly, make an additional contribution equal to 11/12ths of | 11 |
| 1% of
monthly salary for each month of service credit that the | 12 |
| firefighter has in
that fund (other than service credit for | 13 |
| which the firefighter has already
paid the additional | 14 |
| contribution required under subsection (c) of Section
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| 4-118.1), together with interest thereon at the rate of 6% per | 16 |
| annum, compounded
annually, from the firefighter's first day of | 17 |
| employment with that fund or the first day of the fiscal year | 18 |
| of that fund that immediately precedes the firefighter's first | 19 |
| day of employment with the fund, whichever is earlier. A | 20 |
| firefighter who, as of the effective date of this amendatory | 21 |
| Act of the 93rd General Assembly, has not begun to receive a | 22 |
| pension under this Section or an occupational disease | 23 |
| disability pension under subsection (m) of this Section and who | 24 |
| has contributed 1/12th of 1% of monthly salary for each month | 25 |
| of service credit that the firefighter has in
that fund (other | 26 |
| than service credit for which the firefighter has already
paid | 27 |
| the additional contribution required under subsection (c) of | 28 |
| Section
4-118.1), together with the required interest thereon, | 29 |
| in order to receive a pension under this Section or an | 30 |
| occupational disease disability pension under subsection (m) | 31 |
| of this Section, may elect, within one year after the effective | 32 |
| date of this amendatory Act of the 93rd General Assembly to | 33 |
| forfeit the benefits provided under this Section and receive a | 34 |
| refund of that contribution.
time the service was rendered to | 35 |
| the date of payment.
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| (j) A retired firefighter who is receiving pension payments |
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| under Section 4-109 may reenter active service under this | 2 |
| Article. Subject to the provisions of Section 4-117, the | 3 |
| firefighter may receive credit for service performed after the | 4 |
| reentry if the firefighter (1) applies to receive credit for | 5 |
| that service, (2) suspends his or her pensions under this | 6 |
| Section,
and (3) makes the contributions required under | 7 |
| subsection (i).
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| (k) A firefighter who is newly hired or promoted to a | 9 |
| position as a
firefighter shall not be denied participation in | 10 |
| a fund under this Article
based on his or her age. | 11 |
| (l) If a firefighter who elects to make contributions under | 12 |
| subsection (c) of Section 4-118.1 for the pension benefits | 13 |
| provided under this Section becomes entitled to a disability | 14 |
| pension under Section 4-110, the last pension fund is | 15 |
| responsible to pay that disability pension and the amount of | 16 |
| that disability pension shall be based only on the | 17 |
| firefighter's service with the last pension fund. | 18 |
| (m) Notwithstanding any provision in Section 4-110.1 to the | 19 |
| contrary, if a firefighter who elects to make contributions | 20 |
| under subsection (c) of Section 4-118.1 for the pension | 21 |
| benefits provided under this Section becomes entitled to an | 22 |
| occupational disease disability pension under Section 4-110.1, | 23 |
| each pension fund to which the firefighter has made | 24 |
| contributions under subsection (c) of Section 4-118.1 must pay | 25 |
| a portion of that occupational disease disability pension equal | 26 |
| to the proportion that the firefighter's service credit with | 27 |
| that pension fund for which the contributions under subsection | 28 |
| (c) of Section 4-118.1 have been made bears to the | 29 |
| firefighter's total service credit with all of the pension | 30 |
| funds for which the contributions under subsection (c) of | 31 |
| Section 4-118.1 have been made. A firefighter who has made | 32 |
| contributions under subsection (c) of Section 4-118.1 for at | 33 |
| least 5 years of creditable service shall be deemed to have met | 34 |
| the 5-year creditable service requirement under Section | 35 |
| 4-110.1, regardless of whether the firefighter has 5 years of | 36 |
| creditable service with the last pension fund. |
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| (n) If a firefighter who elects to make contributions under | 2 |
| subsection (c) of Section 4-118.1 for the pension benefits | 3 |
| provided under this Section becomes entitled to a disability | 4 |
| pension under Section 4-111, the last pension fund is | 5 |
| responsible to pay that disability pension, provided that the | 6 |
| firefighter has at least 7 years of creditable service with the | 7 |
| last pension fund.
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| (Source: P.A. 93-689, eff. 7-1-04.)
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| (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
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| Sec. 4-110. Disability pension - Line of duty. If a | 11 |
| firefighter, as the
result of sickness, accident or injury | 12 |
| incurred in or resulting from the
performance of an act of duty | 13 |
| or from the cumulative effects of acts of duty,
is found, | 14 |
| pursuant to Section 4-112, to be physically or mentally | 15 |
| permanently
disabled for service in the fire department, so as | 16 |
| to render necessary his or
her being placed on disability | 17 |
| pension, the firefighter shall be entitled to
a disability | 18 |
| pension equal to the greater of (1) 65% of the monthly
salary | 19 |
| attached to the rank held by him or her in the fire department | 20 |
| at the
date he or she is removed from the municipality's fire | 21 |
| department payroll or
(2) the retirement pension that the | 22 |
| firefighter would be eligible to receive
if he or she retired | 23 |
| (but not including any automatic annual increase in that
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| retirement pension). A firefighter shall be considered "on | 25 |
| duty" while on
any assignment approved by the chief of the fire | 26 |
| department, even though away
from the municipality he or she | 27 |
| serves as a firefighter, if the assignment
is related to the | 28 |
| fire protection service of the municipality.
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| Such firefighter shall also be entitled to a child's | 30 |
| disability benefit
of $20 a month on account of each unmarried | 31 |
| child less than 18 years of age and
dependent upon the | 32 |
| firefighter for support, either the issue of the firefighter
or | 33 |
| legally adopted by him or her. The total amount of child's | 34 |
| disability
benefit payable to the firefighter, when added to | 35 |
| his or her disability
pension, shall not exceed 75% of the |
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| amount of salary which the
firefighter was receiving at the | 2 |
| date of retirement.
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| Benefits payable on account of a child under this Section | 4 |
| shall not
be reduced or terminated by reason of the child's | 5 |
| attainment
of age 18 if he or she is then dependent by reason | 6 |
| of a physical or mental
disability but shall continue to be | 7 |
| paid as long as such dependency continues.
Individuals over the | 8 |
| age of 18 and adjudged to be disabled persons pursuant to
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| Article XIa of the Probate Act of 1975, except for persons | 10 |
| receiving benefits
under Article III of the Illinois Public Aid | 11 |
| Code, shall be eligible to receive
benefits under this Act.
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| If a firefighter dies while still disabled and receiving a | 13 |
| disability pension
under this Section, the disability pension | 14 |
| shall continue to be paid to the
firefighter's survivors in the | 15 |
| sequence provided in Section 4-114
but shall, from the date of | 16 |
| death, become subject to
the requirements, including | 17 |
| limitations on amount, that are provided for
pensions to | 18 |
| survivors under Section 4-114 . A pension previously granted
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| under Section 4-114 to a survivor of a firefighter who died | 20 |
| while receiving a
disability pension under this Section shall | 21 |
| be deemed to be a continuation
of the pension provided under | 22 |
| this Section and shall be deemed to be
in the nature of | 23 |
| worker's compensation payments. The changes to this Section
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| made by this amendatory Act of 1995 are intended to be | 25 |
| retroactive and are not
limited to persons in service on or | 26 |
| after its effective date.
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| (Source: P.A. 91-466, eff. 8-6-99.)
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| (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
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| Sec. 4-110.1. Occupational disease disability pension.
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| The General Assembly finds that service in the fire department | 31 |
| requires
firefighters in times of stress and danger to perform | 32 |
| unusual tasks; that
firefighters are subject to exposure to | 33 |
| extreme heat or extreme cold in certain
seasons while | 34 |
| performing their duties; that they are required to work in the
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| midst of and are subject to heavy smoke fumes, and |
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| carcinogenic, poisonous,
toxic or chemical gases from fires; | 2 |
| and that these conditions exist and
arise out of or in the | 3 |
| course of employment.
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| An active firefighter with 5 or more years of creditable | 5 |
| service who is
found, pursuant to Section 4-112, unable to | 6 |
| perform his or her duties in the
fire department by reason of | 7 |
| heart disease, stroke, tuberculosis, or
any disease of the | 8 |
| lungs or respiratory tract, resulting from service as a
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| firefighter, is entitled to an occupational disease disability | 10 |
| pension during
any period of such disability for which he or | 11 |
| she has no right to receive
salary.
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| Any active firefighter who has completed 5 or more years
of | 13 |
| service and is unable to perform his or her duties in the fire | 14 |
| department
by reason of a disabling cancer, which develops or | 15 |
| manifests itself during
a period while the firefighter is in | 16 |
| the service of the fire department,
shall be entitled to | 17 |
| receive an occupational disease disability benefit
during any | 18 |
| period of such disability for which he or she does not have a
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| right to receive salary. In order to receive this occupational | 20 |
| disease
disability benefit, (i) the type of cancer involved | 21 |
| must be a type which
may be caused by exposure to heat, | 22 |
| radiation or a known carcinogen as defined
by the International | 23 |
| Agency for Research on Cancer and (ii) the cancer
must (and is | 24 |
| rebuttably presumed to) arise as a result of service as a
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| firefighter.
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| A firefighter who enters the service after August 27, 1971 | 27 |
| shall be
examined by one or more practicing physicians | 28 |
| appointed by the board. If
the examination discloses impairment | 29 |
| of the heart, lungs or respiratory
tract, or the existence of | 30 |
| any cancer, the firefighter shall not be
entitled to the | 31 |
| occupational disease disability pension unless and until a
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| subsequent examination reveals no such impairment or cancer.
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| The occupational disease disability pension shall be equal | 34 |
| to the greater
of (1) 65% of the
salary attached to the rank | 35 |
| held by the firefighter in the fire service at the
time of his | 36 |
| or her removal from the municipality's fire department payroll |
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| or
(2) the retirement pension that the firefighter would be | 2 |
| eligible to receive
if he or she retired (but not including any | 3 |
| automatic annual increase in that
retirement pension).
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| The firefighter is also entitled to a child's disability | 5 |
| benefit of $20 a
month for each natural or legally adopted | 6 |
| unmarried child less than age 18
dependent upon the firefighter | 7 |
| for support. The total child's disability
benefit when added to | 8 |
| the occupational disease disability pension shall not
exceed | 9 |
| 75% of the firefighter's salary at the time of the grant of | 10 |
| occupational
disease disability pension.
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| The occupational disease disability pension is payable to | 12 |
| the firefighter
during the period of the disability. If the | 13 |
| disability ceases before the
death of the firefighter, the | 14 |
| disability pension payable under this Section
shall also cease | 15 |
| and the firefighter thereafter shall receive such pension
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| benefits as are provided in accordance with other provisions of | 17 |
| this Article.
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| If a firefighter dies while still disabled and receiving a | 19 |
| disability
pension under this Section, the disability pension | 20 |
| shall continue to be paid to
the firefighter's survivors in the | 21 |
| sequence provided in Section 4-114
but shall, from the date of | 22 |
| death, become subject
to the requirements, including | 23 |
| limitations on amount, that are provided for
pensions to | 24 |
| survivors under Section 4-114 . A pension previously granted | 25 |
| under
Section 4-114 to a survivor of a firefighter who died | 26 |
| while receiving a
disability pension under this Section shall | 27 |
| be deemed to be a continuation of
the pension provided under | 28 |
| this Section and shall be deemed to be in the nature
of | 29 |
| worker's occupational disease compensation payments. The | 30 |
| changes to this
Section made by this amendatory Act of 1995 are | 31 |
| intended to be retroactive and
are not limited to persons in | 32 |
| service on or after its effective date.
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| The child's disability benefit shall terminate if the | 34 |
| disability ceases
while the firefighter is alive or when the | 35 |
| child or children attain
age 18 or marry, whichever event | 36 |
| occurs first, except that benefits
payable on account of a |
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| child under this Section shall not be
reduced or terminated by | 2 |
| reason of the child's attainment of age 18 if he
or she is then | 3 |
| dependent by reason of a physical or mental disability
but | 4 |
| shall continue to be paid as long as such dependency continues.
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| Individuals over the age of 18 and adjudged as a disabled | 6 |
| person pursuant
to Article XIa of the Probate Act of 1975, | 7 |
| except for persons receiving
benefits under Article III of the | 8 |
| Illinois Public Aid Code, shall be
eligible to receive benefits | 9 |
| under this Act.
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| (Source: P.A. 91-466, eff. 8-6-99.)
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| (40 ILCS 5/4-111) (from Ch. 108 1/2, par. 4-111)
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| Sec. 4-111. Disability pension - Not in duty. A firefighter | 13 |
| having at least 7 years of creditable
service who becomes
| 14 |
| disabled as a result of any cause other than an act of duty, | 15 |
| and who is
found, pursuant to Section 4-112,
to be physically | 16 |
| or mentally permanently disabled so
as to render necessary his | 17 |
| or her being placed on disability pension,
shall be granted a | 18 |
| disability pension of 50% of the monthly salary attached
to the | 19 |
| rank held by the firefighter in the fire service at
the date he | 20 |
| or she is removed from the municipality's fire department | 21 |
| payroll. If a firefighter dies while still disabled and | 22 |
| receiving a disability pension under this Section, the | 23 |
| disability pension shall continue to be paid to the | 24 |
| firefighter's survivors in the sequence provided in Section | 25 |
| 4-114 if that disability pension is greater than the survivors | 26 |
| pension provided under subsection (a) of Section 4-114.
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| (Source: P.A. 83-1440.)
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| (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
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| Sec. 4-114. Pension to survivors. If a firefighter who is | 30 |
| not receiving a
disability pension under Section 4-110 or | 31 |
| 4-110.1 dies (1) as a result of any
illness or accident, or (2) | 32 |
| from any cause while in receipt of a disability
pension under | 33 |
| this Article, or (3) during retirement after 20 years service, | 34 |
| or
(4) while vested for or in receipt of a pension payable |
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| under subsection (b)
of Section 4-109, or (5) while a deferred | 2 |
| pensioner, having made all required
contributions, a pension | 3 |
| shall be paid to his or her survivors, based on the
monthly | 4 |
| salary attached to the firefighter's rank on the last day of | 5 |
| service
in the fire department, as follows:
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| (a) (1) To the surviving spouse, a monthly pension of
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| 40% of the monthly salary, and to the guardian of any minor | 8 |
| child or
children including a child which has been | 9 |
| conceived but not yet born, 12%
of such monthly salary for | 10 |
| each such child until attainment of age 18 or
until the | 11 |
| child's marriage, whichever occurs first. Beginning July | 12 |
| 1,
1993, the monthly pension to the surviving spouse shall | 13 |
| be 54% of the
monthly salary for all persons receiving a | 14 |
| surviving spouse pension under
this Article, regardless of | 15 |
| whether the deceased firefighter was in service
on or after | 16 |
| the effective date of this amendatory Act of 1993.
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| (2) Beginning July 1, 2004 , unless the amount provided | 18 |
| under paragraph (1) of this subsection (a) is greater , the | 19 |
| total monthly pension payable under
this paragraph (a) , | 20 |
| including any amount payable on account of children, to the | 21 |
| surviving spouse of a firefighter who died (i) while
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| receiving a retirement pension , (ii) while he or she was a | 23 |
| deferred pensioner with at least 20 years of creditable | 24 |
| service, or (iii) while he or she was in active service | 25 |
| having at least 20 years of creditable service, regardless | 26 |
| of age , including any amount payable on account of
| 27 |
| children, shall be no less than 100% of the monthly | 28 |
| retirement pension earned by
that
the deceased firefighter | 29 |
| at the time of death, regardless of whether death occurs | 30 |
| before or after attainment of age 50,
was receiving at the | 31 |
| time of death, including any
increases under Section | 32 |
| 4-109.1. This minimum applies to all such surviving
spouses | 33 |
| who are eligible to receive a surviving spouse pension, | 34 |
| regardless of
whether the deceased firefighter was in | 35 |
| service on or after the effective date
of this amendatory | 36 |
| Act of the 93rd General Assembly, and notwithstanding any
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| limitation on maximum pension under paragraph (d) or any | 2 |
| other provision of
this Article.
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| (3) If the pension paid on and after July 1, 2004 to | 4 |
| the surviving spouse of a firefighter who died on or after | 5 |
| July 1, 2004 and before the effective date of this | 6 |
| amendatory Act of the 93rd General Assembly was less than | 7 |
| the minimum pension payable under paragraph (1) or (2) of | 8 |
| this subsection (a), the fund shall pay a lump sum equal to | 9 |
| the difference within 90 days after the effective date of | 10 |
| this amendatory Act of the 93rd General Assembly.
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| The pension to the surviving spouse shall terminate in the | 12 |
| event of the
surviving spouse's remarriage prior to July 1, | 13 |
| 1993; remarriage on or after
that date does not affect the | 14 |
| surviving spouse's pension, regardless of
whether the deceased | 15 |
| firefighter was in service on or after the effective
date of | 16 |
| this amendatory Act of 1993.
| 17 |
| The surviving spouse's pension shall be subject to the | 18 |
| minimum established
in Section 4-109.2.
| 19 |
| (b) Upon the death of the surviving spouse leaving one or | 20 |
| more minor
children, to the duly appointed guardian of each | 21 |
| such child, for support
and maintenance of each such child | 22 |
| until the child reaches age 18 or
marries, whichever occurs | 23 |
| first, a monthly pension of 20% of the monthly
salary.
| 24 |
| (c) If a deceased firefighter leaves no surviving spouse or | 25 |
| unmarried
minor children under age 18, but leaves a dependent | 26 |
| father or mother, to
each dependent parent a monthly pension of | 27 |
| 18% of the monthly salary. To
qualify for the pension, a | 28 |
| dependent parent must furnish satisfactory proof
that the | 29 |
| deceased firefighter was at the time of his or her death the | 30 |
| sole
supporter of the parent or that the parent was the | 31 |
| deceased's dependent for
federal income tax purposes.
| 32 |
| (d) The total pension provided under paragraphs (a), (b) | 33 |
| and (c) of this
Section shall not exceed 75% of the monthly | 34 |
| salary of the deceased firefighter
(1) when paid to the | 35 |
| survivor of a firefighter who has attained 20 or more
years of | 36 |
| service credit and who receives or is eligible to receive a |
|
|
|
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LRB093 05660 EFG 05753 b |
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| 1 |
| retirement
pension under this Article, or (2) when paid to the | 2 |
| survivor of a firefighter
who dies as a result of illness or | 3 |
| accident, or (3) when paid to the survivor
of a firefighter who | 4 |
| dies from any cause while in receipt of a disability
pension | 5 |
| under this Article, or (4) when paid to the survivor of a | 6 |
| deferred
pensioner. For all other survivors of deceased | 7 |
| firefighters, the total pension
provided under paragraphs (a), | 8 |
| (b) and (c) of this Section shall not exceed 50%
of the | 9 |
| retirement annuity the firefighter would have received on the | 10 |
| date of
death.
| 11 |
| The maximum pension limitations in this paragraph (d) do | 12 |
| not control
over any contrary provision of this Article | 13 |
| explicitly establishing a minimum
amount of pension or granting | 14 |
| a one-time or annual increase in pension.
| 15 |
| (e) If a firefighter leaves no eligible survivors under | 16 |
| paragraphs (a),
(b) and (c), the board shall refund to the | 17 |
| firefighter's estate the amount
of his or her accumulated | 18 |
| contributions, less the amount of pension
payments, if any, | 19 |
| made to the firefighter while living.
| 20 |
| (f) An adopted child is eligible for the pension provided | 21 |
| under
paragraph (a) if the child was adopted before the | 22 |
| firefighter attained age 50.
| 23 |
| (g) If a judgment of dissolution of marriage between a | 24 |
| firefighter and
spouse is judicially set aside subsequent to | 25 |
| the firefighter's death, the
surviving spouse is eligible for | 26 |
| the pension provided in paragraph (a) only
if the judicial | 27 |
| proceedings are filed within 2 years after the date of the
| 28 |
| dissolution of marriage and within one year after the | 29 |
| firefighter's death and
the board is made a party to the | 30 |
| proceedings. In such case the pension shall be
payable only | 31 |
| from the date of the court's order setting aside the judgment | 32 |
| of
dissolution of marriage.
| 33 |
| (h) Benefits payable on account of a child under this | 34 |
| Section shall
not be reduced or terminated by reason of the | 35 |
| child's attainment of age 18
if he or she is then dependent by | 36 |
| reason of a physical or mental disability
but shall continue to |
|
|
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| 1 |
| be paid as long as such dependency continues.
Individuals over | 2 |
| the age of 18 and adjudged as a disabled person pursuant
to | 3 |
| Article XIa of the Probate Act of 1975, except for persons | 4 |
| receiving
benefits under Article III of the Illinois Public Aid | 5 |
| Code, shall be
eligible to receive benefits under this Act.
| 6 |
| (i) Beginning January 1, 2000, the pension of the surviving | 7 |
| spouse of
a firefighter who dies on or after January 1, 1994 as | 8 |
| a result of sickness,
accident, or injury incurred in or | 9 |
| resulting from the performance of an act of
duty or from the | 10 |
| cumulative effects of acts of duty shall not be less than 100%
| 11 |
| of the salary attached to the rank held by the deceased | 12 |
| firefighter on the last
day of service, notwithstanding | 13 |
| subsection (d) or any other provision of
this Article.
| 14 |
| (j) Beginning July 1, 2004, the pension of the surviving | 15 |
| spouse of
a firefighter who dies on or after January 1, 1988 as | 16 |
| a result of sickness,
accident, or injury incurred in or | 17 |
| resulting from the performance of an act of
duty or from the | 18 |
| cumulative effects of acts of duty shall not be less than 100%
| 19 |
| of the salary attached to the rank held by the deceased | 20 |
| firefighter on the last
day of service, notwithstanding | 21 |
| subsection (d) or any other provision of
this Article.
| 22 |
| (Source: P.A. 93-689, eff. 7-1-04.)
| 23 |
| Section 90. The State Mandates Act is amended by adding | 24 |
| Section 8.28 as
follows:
| 25 |
| (30 ILCS 805/8.28 new)
| 26 |
| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 27 |
| of this
Act, no reimbursement by the State is required for the | 28 |
| implementation of
any mandate created by this amendatory Act of | 29 |
| the 93rd General Assembly.
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law. |
|