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Public Act 095-1056
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| SB2362 Enrolled |
LRB095 15085 AMC 41046 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing |
Section 4-108 as follows:
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(40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
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Sec. 4-108. Creditable service.
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(a) Creditable service is the time served as a firefighter |
of a
municipality. In computing creditable service, furloughs |
and leaves of
absence without pay exceeding 30 days in any one |
year shall not be counted,
but leaves of absence for illness or |
accident regardless of length, and
periods of disability for |
which a firefighter received no disability
pension payments |
under this Article, shall be counted.
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(b) Furloughs and leaves of absence of 30 days or less in |
any one year may
be counted as creditable service, if the |
firefighter makes the contribution
to the fund that would have |
been required had he or she not been
on furlough or leave of |
absence. To qualify for this creditable service,
the |
firefighter must pay the required contributions to the fund not |
more
than 90 days subsequent to the termination of the furlough |
or leave of
absence, to the extent that the municipality has |
not made such contribution
on his or her behalf.
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(c) Creditable service includes:
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(1) Service in the military, naval or air forces of the
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United States entered upon when the person was an active
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firefighter, provided
that, upon applying for a permanent |
pension, and in accordance with the
rules of the board the |
firefighter pays into the fund the amount that would
have |
been contributed had he or she been a regular contributor |
during such
period of service, if and to the extent that |
the municipality which the
firefighter served made no such |
contributions in his or her behalf. The
total amount of |
such creditable service shall not exceed 5 years, except
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that any firefighter who on July 1, 1973 had more than 5 |
years of such
creditable service shall receive the total |
amount thereof as of that date.
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(1.5) Up to 24 months of service in the military, |
naval, or air forces of the United States that was served |
prior to employment by a municipality or fire protection |
district as a firefighter. To receive the credit for the |
military service prior to the employment as a firefighter, |
the firefighter must apply in writing to the fund and must |
make contributions to the fund equal to (i) the employee |
contributions that would have been required had the service |
been rendered as a member, plus (ii) an amount determined |
by the fund to be equal to the employer's normal cost of |
the benefits accrued for that military service, plus (iii) |
interest at the actuarially assumed rate provided by the |
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Department of Financial and Professional Regulation, |
compounded annually from the first date of membership in |
the fund to the date of payment on items (i) and (ii). The |
changes to this paragraph (1.5) by this amendatory Act of |
the 95th General Assembly apply only to participating |
employees in service on or after its effective date.
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(2) Service prior to July 1, 1976 by a firefighter |
initially excluded
from participation by reason of age who |
elected to participate and paid
the required contributions |
for such service.
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(3) Up to 8 years of service by a firefighter as an |
officer in a statewide
firefighters' association when he is |
on a leave of absence from a
municipality's payroll, |
provided that (i) the firefighter has at least 10
years of |
creditable service as an active firefighter, (ii) the |
firefighter
contributes to the fund the amount that he |
would have contributed had he
remained an active member of |
the fund, and (iii) the employee or statewide
firefighter |
association contributes to the fund an amount equal to the
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employer's required contribution as determined by the |
board.
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(4) Time spent as an on-call fireman for a |
municipality,
calculated at the rate of one year of |
creditable service for each 5 years
of time spent as an |
on-call fireman, provided that (i) the firefighter has
at |
least 18 years of creditable service as an active |
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firefighter, (ii) the
firefighter spent at least 14 years |
as an on-call firefighter for the
municipality, (iii) the |
firefighter applies for such creditable service
within 30 |
days after the effective date of this amendatory Act of |
1989,
(iv) the firefighter contributes to the Fund an |
amount representing
employee contributions for the number |
of years of creditable service
granted under this |
subdivision (4), based on the salary and contribution
rate |
in effect for the firefighter at the date of entry into the |
Fund, to
be determined by the board, and (v) not more than |
3 years of creditable
service may be granted under this |
subdivision (4).
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Except as provided in Section 4-108.5, creditable |
service shall not
include time
spent as a volunteer |
firefighter, whether or not any compensation was received
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therefor. The change made in this Section by Public Act |
83-0463 is intended
to be a restatement and clarification |
of existing law, and does not imply
that creditable service |
was previously allowed under this Article for time
spent as |
a volunteer firefighter.
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(5) Time served between July 1, 1976 and July 1, 1988 |
in
the position of protective inspection officer or |
administrative assistant
for fire services, for a |
municipality with a population under 10,000 that is
located |
in a county with a population over 3,000,000 and that |
maintains a
firefighters' pension fund under this Article, |
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if the position included
firefighting duties, |
notwithstanding that the person may not have held an
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appointment as a firefighter, provided that application is |
made to the
pension fund within 30 days after the effective |
date of this amendatory Act
of 1991, and the corresponding |
contributions are paid for the number of
years of service |
granted, based upon the salary and contribution rate in
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effect for the firefighter at the date of entry into the |
pension fund, as
determined by the Board.
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(6) Service before becoming a participant by a |
firefighter initially
excluded from participation by |
reason of age who becomes a participant
under the amendment |
to Section 4-107 made by this amendatory Act of 1993 and
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pays the required contributions for such service.
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(7) Up to 3 years of time during which the firefighter |
receives a
disability pension under Section 4-110, |
4-110.1, or 4-111, provided that (i)
the firefighter |
returns to active service after the disability for a period |
at
least equal to the period for which credit is to be |
established and (ii) the
firefighter makes contributions |
to the fund based on the rates specified in
Section 4-118.1 |
and the salary upon which the disability pension is based.
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These contributions may be paid at any time prior to the |
commencement of a
retirement pension. The firefighter may, |
but need not, elect to have the
contributions deducted from |
the disability pension or to pay them in
installments on a |
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schedule approved by the board. If not deducted from the
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disability pension, the contributions
shall include |
interest at the rate of 6% per year, compounded annually, |
from
the date for which service credit is being established |
to the date of payment.
If contributions are paid under |
this subdivision (c)(7) in excess of those
needed to |
establish the credit, the excess shall be refunded. This
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subdivision (c)(7) applies to persons receiving a |
disability pension under
Section 4-110, 4-110.1, or 4-111 |
on the effective date of this amendatory Act
of the 91st |
General Assembly, as well as persons who begin to receive |
such a
disability pension after that date.
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(Source: P.A. 94-856, eff. 6-15-06.)
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Section 90. The State Mandates Act is amended by adding |
Section 8.32 as follows:
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(30 ILCS 805/8.32 new)
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Sec. 8.32. 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 95th General Assembly.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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