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Public Act 91-0466
SB856 Enrolled LRB9105995EGfg
AN ACT to amend the Illinois Pension Code and the State
Mandates Act.
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 Sections 4-108, 4-109, 4-109.1, 4-109.2, 4-110,
4-110.1, 4-114, and 4-118.1 and adding Section 3-113.1 as
follows:
(40 ILCS 5/3-113.1 new)
Sec. 3-113.1. Minimum retirement, survivor, and
disability pensions.
(a) Beginning January 1, 1999, the minimum retirement
pension payable to a police officer with 20 or more years of
creditable service, the minimum disability pension payable
under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum
surviving spouse's pension shall be $600 per month, without
regard to whether the police officer was in service on or
after the effective date of this amendatory Act of the 91st
General Assembly.
In the case of a pensioner whose pension began before the
effective date of this amendatory Act and is subject to
increase under this subsection (a), the pensioner shall be
entitled to a lump sum payment of the amount of that increase
accruing from January 1, 1999 (or the date the pension began,
if later) to the effective date of this amendatory Act.
(b) Beginning January 1, 2000, the minimum retirement
pension payable to a police officer with 20 or more years of
creditable service, the minimum disability pension payable
under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum
surviving spouse's pension shall be $800 per month, without
regard to whether the police officer was in service on or
after the effective date of this amendatory Act of the 91st
General Assembly.
(c) Beginning January 1, 2001, the minimum retirement
pension payable to a police officer with 20 or more years of
creditable service, the minimum disability pension payable
under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum
surviving spouse's pension shall be $1000 per month, without
regard to whether the police officer was in service on or
after the effective date of this amendatory Act of the 91st
General Assembly.
(d) This Section does not grant a pension to any
surviving spouse who is not otherwise eligible to receive a
pension under this Article.
(40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
Sec. 4-108. Creditable service.
(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.
(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.
(c) Creditable service includes:
(1) Service in the military, naval or air forces of
the United States entered upon when the person was an
active 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 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.
(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.
(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 employer's required contribution as
determined by the board.
(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
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).
Creditable service shall not under any other
circumstances include time spent as a volunteer
firefighter, whether or not any compensation was received
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.
(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, if the position included firefighting duties,
notwithstanding that the person may not have held an
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 effect for the firefighter at the
date of entry into the pension fund, as determined by the
Board.
(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 pays the required contributions for such
service.
(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. 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 schedule approved by the board. If not
deducted from the 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 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.
(Source: P.A. 89-52, eff. 6-30-95.)
(40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
Sec. 4-109. Pension.
(a) A firefighter age 50 or more with 20 or more years
of creditable service, who is no longer in service as a
firefighter, shall receive a monthly pension of 1/2 the
monthly salary attached to the rank held by him or her in the
fire service at the date of retirement.
The monthly pension shall be increased by 1/12 of 2.5% 2%
of such monthly salary for each additional month over 20
years of service through 30 years of service and 1/12 of 1%
of such monthly salary for each additional month over 30
years of service, to a maximum of 75% of such monthly salary.
The changes made to this subsection (a) by this
amendatory Act of the 91st General Assembly apply to all
pensions that become payable under this subsection on or
after January 1, 1999. All pensions payable under this
subsection that began on or after January 1, 1999 and before
the effective date of this amendatory Act shall be
recalculated, and the amount of the increase accruing for
that period shall be payable to the pensioner in a lump sum.
(b) A firefighter who retires or is separated from
service having at least 10 but less than 20 years of
creditable service, who is not entitled to receive a
disability pension, and who did not apply for a refund of
contributions at his or her last separation from service
shall receive a monthly pension upon attainment of age 60
based on the monthly salary attached to his or her rank in
the fire service on the date of retirement or separation from
service according to the following schedule:
For 10 years of service, 15% of salary;
For 11 years of service, 17.6% of salary;
For 12 years of service, 20.4% of salary;
For 13 years of service, 23.4% of salary;
For 14 years of service, 26.6% of salary;
For 15 years of service, 30% of salary;
For 16 years of service, 33.6% of salary;
For 17 years of service, 37.4% of salary;
For 18 years of service, 41.4% of salary;
For 19 years of service, 45.6% of salary.
(Source: P.A. 83-1440.)
(40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
Sec. 4-109.1. Increase in pension.
(a) Except as provided in subsection (e), the monthly
pension of a firefighter who retires after July 1, 1971 and
prior to January 1, 1986, shall, upon either the first of the
month following the first anniversary of the date of
retirement if 60 years of age or over at retirement date, or
upon the first day of the month following attainment of age
60 if it occurs after the first anniversary of retirement, be
increased by 2% of the originally granted monthly pension and
by an additional 2% in each January thereafter. Effective
January 1976, the rate of the annual increase shall be 3% of
the originally granted monthly pension.
(b) The monthly pension of a firefighter who retired
from service with 20 or more years of service, on or before
July 1, 1971, shall be increased, in January of the year
following the year of attaining age 65 or in January 1972, if
then over age 65, by 2% of the originally granted monthly
pension, for each year the firefighter received pension
payments. In each January thereafter, he or she shall
receive an additional increase of 2% of the original monthly
pension. Effective January 1976, the rate of the annual
increase shall be 3%.
(c) The monthly pension of a firefighter who is
receiving a disability pension under this Article shall be
increased, in January of the year following the year the
firefighter attains age 60, or in January 1974, if then over
age 60, by 2% of the originally granted monthly pension for
each year he or she received pension payments. In each
January thereafter, the firefighter shall receive an
additional increase of 2% of the original monthly pension.
Effective January 1976, the rate of the annual increase shall
be 3%.
(c-1) On January 1, 1998, every child's disability
benefit payable on that date under Section 4-110 or 4-110.1
shall be increased by an amount equal to 1/12 of 3% of the
amount of the benefit, multiplied by the number of months for
which the benefit has been payable. On each January 1
thereafter, every child's disability benefit payable under
Section 4-110 or 4-110.1 shall be increased by 3% of the
amount of the benefit then being paid, including any previous
increases received under this Article. These increases are
not subject to any limitation on the maximum benefit amount
included in Section 4-110 or 4-110.1.
(d) The monthly pension of a firefighter who retires
after January 1, 1986, shall, upon either the first of the
month following the first anniversary of the date of
retirement if 55 years of age or over at retirement date, or
upon the first day of the month following attainment of age
55 if it occurs after the first anniversary of retirement, be
increased by 1/12 of 3% of the originally granted monthly
pension for each full month year that has elapsed since the
pension began, and by an additional 3% in each January
thereafter.
The changes made to this subsection (d) by this
amendatory Act of the 91st General Assembly apply to all
initial increases that become payable under this subsection
on or after January 1, 1999. All initial increases that
became payable under this subsection on or after January 1,
1999 and before the effective date of this amendatory Act
shall be recalculated and the additional amount accruing for
that period, if any, shall be payable to the pensioner in a
lump sum.
(e) Notwithstanding the provisions of subsection (a),
upon the first day of the month following (1) the first
anniversary of the date of retirement, or (2) the attainment
of age 55, or (3) July 1, 1987, whichever occurs latest, the
monthly pension of a firefighter who retired on or after
January 1, 1977 and on or before January 1, 1986 and did not
receive an increase under subsection (a) before July 1, 1987,
shall be increased by 3% of the originally granted monthly
pension for each full year that has elapsed since the pension
began, and by an additional 3% in each January thereafter.
The increases provided under this subsection are in lieu of
the increases provided in subsection (a).
(Source: P.A. 90-32, eff. 6-27-97.)
(40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2)
Sec. 4-109.2. Minimum pension.
(a) Beginning January 1, 1984, the minimum disability
pension granted under Section 4-110 or 4-111, the minimum
surviving spouse's pension, and the minimum retirement
pension granted to a firefighter with 20 or more years of
creditable service, shall be $300 per month, without regard
to whether the death, disability or retirement of the
firefighter occurred prior to that date.
Beginning July 1, 1987, the minimum retirement pension
payable to a firefighter with 20 or more years of creditable
service, the minimum disability pension payable under Section
4-110 or 4-111, and the minimum surviving spouse's pension
shall be $400 per month, without regard to whether the death,
retirement or disability of the firefighter occurred prior to
that date.
Beginning July 1, 1993, the minimum retirement pension
payable to a firefighter with 20 or more years of creditable
service and the minimum surviving spouse's pension shall be
$475 per month, without regard to whether the firefighter was
in service on or after the effective date of this amendatory
Act of 1993.
(b) Beginning January 1, 1999, the minimum retirement
pension payable to a firefighter with 20 or more years of
creditable service, the minimum disability pension payable
under Section 4-110, 4-110.1, or 4-111, and the minimum
surviving spouse's pension shall be $600 per month, without
regard to whether the firefighter was in service on or after
the effective date of this amendatory Act of the 91st General
Assembly.
In the case of a pensioner whose pension began before the
effective date of this amendatory Act and is subject to
increase under this subsection (b), the pensioner shall be
entitled to a lump sum payment of the amount of that increase
accruing from January 1, 1999 (or the date the pension began,
if later) to the effective date of this amendatory Act.
(c) Beginning January 1, 2000, the minimum retirement
pension payable to a firefighter with 20 or more years of
creditable service, the minimum disability pension payable
under Section 4-110, 4-110.1, or 4-111, and the minimum
surviving spouse's pension shall be $800 per month, without
regard to whether the firefighter was in service on or after
the effective date of this amendatory Act of the 91st General
Assembly.
(d) Beginning January 1, 2001, the minimum retirement
pension payable to a firefighter with 20 or more years of
creditable service, the minimum disability pension payable
under Section 4-110, 4-110.1, or 4-111, and the minimum
surviving spouse's pension shall be $1000 per month, without
regard to whether the firefighter was in service on or after
the effective date of this amendatory Act of the 91st General
Assembly.
(Source: P.A. 87-1265.)
(40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
Sec. 4-110. Disability pension - Line of duty. If a
firefighter, as the result of sickness, accident or injury
incurred in or resulting from the performance of an act of
duty or from the cumulative effects of acts of duty, is
found, pursuant to Section 4-112, to be physically or
mentally permanently disabled for service in the fire
department, so as to render necessary his or her being placed
on disability pension, the firefighter shall be entitled to a
disability pension equal to the greater of (1) 65% of the
monthly salary attached to the rank held by him or her in the
fire department at the date he or she is removed from the
municipality's fire department payroll or (2) the retirement
pension that the firefighter would be eligible to receive if
he or she retired (but not including any automatic annual
increase in that retirement pension). A firefighter shall be
considered "on duty" while on any assignment approved by the
chief of the fire department, even though away from the
municipality he or she serves as a firefighter, if the
assignment is related to the fire protection service of the
municipality.
Such firefighter shall also be entitled to a child's
disability benefit of $20 a month on account of each
unmarried child less than 18 years of age and dependent upon
the firefighter for support, either the issue of the
firefighter or legally adopted by him or her. The total
amount of child's disability benefit payable to the
firefighter, when added to his or her disability pension,
shall not exceed 75% of the amount of salary which the
firefighter was receiving at the date of retirement.
Benefits payable on account of a child under this Section
shall not be reduced or terminated by reason of the child's
attainment of age 18 if he or she is then dependent by reason
of a physical or mental disability but shall continue to be
paid as long as such dependency continues. Individuals over
the age of 18 and adjudged to be disabled persons pursuant to
Article XIa of the Probate Act of 1975, except for persons
receiving benefits under Article III of the Illinois Public
Aid Code, shall be eligible to receive benefits under this
Act.
If a firefighter dies while still disabled and receiving
a disability pension under this Section, the disability
pension shall continue to be paid to the firefighter's
survivors but shall, from the date of death, become subject
to the requirements, including limitations on amount, that
are provided for pensions to survivors under Section 4-114.
A pension previously granted under Section 4-114 to a
survivor of a firefighter who died while receiving a
disability pension under this Section shall be deemed to be a
continuation of the pension provided under this Section and
shall be deemed to be in the nature of worker's compensation
payments. The changes to this Section made by this
amendatory Act of 1995 are intended to be retroactive and are
not limited to persons in service on or after its effective
date.
(Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
(40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
Sec. 4-110.1. Occupational disease disability pension.
The General Assembly finds that service in the fire
department requires firefighters in times of stress and
danger to perform unusual tasks; that firefighters are
subject to exposure to extreme heat or extreme cold in
certain seasons while performing their duties; that they are
required to work in the midst of and are subject to heavy
smoke fumes, and carcinogenic, poisonous, toxic or chemical
gases from fires; and that these conditions exist and arise
out of or in the course of employment.
An active firefighter with 5 or more years of creditable
service who is found, pursuant to Section 4-112, unable to
perform his or her duties in the fire department by reason of
heart disease, stroke, tuberculosis, or any disease of the
lungs or respiratory tract, resulting from service as a
firefighter, is entitled to an occupational disease
disability pension during any period of such disability for
which he or she has no right to receive salary.
Any active firefighter who has completed 5 or more years
of service and is unable to perform his or her duties in the
fire department by reason of a disabling cancer, which
develops or manifests itself during a period while the
firefighter is in the service of the fire department, shall
be entitled to receive an occupational disease disability
benefit during any period of such disability for which he or
she does not have a right to receive salary. In order to
receive this occupational disease disability benefit, (i) the
type of cancer involved must be a type which may be caused by
exposure to heat, radiation or a known carcinogen as defined
by the International Agency for Research on Cancer and (ii)
the cancer must (and is rebuttably presumed to) arise as a
result of service as a firefighter.
A firefighter who enters the service after August 27,
1971 shall be examined by one or more practicing physicians
appointed by the board. If the examination discloses
impairment of the heart, lungs or respiratory tract, or the
existence of any cancer, the firefighter shall not be
entitled to the occupational disease disability pension
unless and until a subsequent examination reveals no such
impairment or cancer.
The occupational disease disability pension shall be
equal to the greater of (1) 65% of the salary attached to the
rank held by the firefighter in the fire service at the time
of his or her removal from the municipality's fire department
payroll or (2) the retirement pension that the firefighter
would be eligible to receive if he or she retired (but not
including any automatic annual increase in that retirement
pension).
The firefighter is also entitled to a child's disability
benefit of $20 a month for each natural or legally adopted
unmarried child less than age 18 dependent upon the
firefighter for support. The total child's disability
benefit when added to the occupational disease disability
pension shall not exceed 75% of the firefighter's salary at
the time of the grant of occupational disease disability
pension.
The occupational disease disability pension is payable to
the firefighter during the period of the disability. If the
disability ceases before the death of the firefighter, the
disability pension payable under this Section shall also
cease and the firefighter thereafter shall receive such
pension benefits as are provided in accordance with other
provisions of this Article.
If a firefighter dies while still disabled and receiving
a disability pension under this Section, the disability
pension shall continue to be paid to the firefighter's
survivors but shall, from the date of death, become subject
to the requirements, including limitations on amount, that
are provided for pensions to survivors under Section 4-114.
A pension previously granted under Section 4-114 to a
survivor of a firefighter who died while receiving a
disability pension under this Section shall be deemed to be a
continuation of the pension provided under this Section and
shall be deemed to be in the nature of worker's occupational
disease compensation payments. The changes to this Section
made by this amendatory Act of 1995 are intended to be
retroactive and are not limited to persons in service on or
after its effective date.
The child's disability benefit shall terminate if the
disability ceases while the firefighter is alive or when the
child or children attain age 18 or marry, whichever event
occurs first, except that benefits payable on account of a
child under this Section shall not be reduced or terminated
by reason of the child's attainment of age 18 if he or she is
then dependent by reason of a physical or mental disability
but shall continue to be paid as long as such dependency
continues. Individuals over the age of 18 and adjudged as a
disabled person pursuant to Article XIa of the Probate Act of
1975, except for persons receiving benefits under Article III
of the Illinois Public Aid Code, shall be eligible to receive
benefits under this Act.
(Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
(40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
Sec. 4-114. Pension to survivors. If a firefighter who
is not receiving a disability pension under Section 4-110 or
4-110.1 dies (1) as a result of any illness or accident, or
(2) from any cause while in receipt of a disability pension
under this Article, or (3) during retirement after 20 years
service, or (4) while vested for or in receipt of a pension
payable under subsection (b) of Section 4-109, or (5) while a
deferred pensioner, having made all required contributions, a
pension shall be paid to his or her survivors, based on the
monthly salary attached to the firefighter's rank on the last
day of service in the fire department, as follows:
(a) To the surviving spouse, a monthly pension of 40% of
the monthly salary, and to the guardian of any minor child or
children including a child which has been conceived but not
yet born, 12% of such monthly salary for each such child
until attainment of age 18 or until the child's marriage,
whichever occurs first. Beginning July 1, 1993, the monthly
pension to the surviving spouse shall be 54% of the monthly
salary for all persons receiving a surviving spouse pension
under this Article, regardless of whether the deceased
firefighter was in service on or after the effective date of
this amendatory Act of 1993.
The pension to the surviving spouse shall terminate in
the event of the surviving spouse's remarriage prior to July
1, 1993; remarriage on or after that date does not affect the
surviving spouse's pension, regardless of whether the
deceased firefighter was in service on or after the effective
date of this amendatory Act of 1993.
The surviving spouse's pension shall be subject to the
minimum established in Section 4-109.2.
(b) Upon the death of the surviving spouse leaving one
or more minor children, to the duly appointed guardian of
each such child, for support and maintenance of each such
child until the child reaches age 18 or marries, whichever
occurs first, a monthly pension of 20% of the monthly salary.
(c) If a deceased firefighter leaves no surviving spouse
or unmarried minor children under age 18, but leaves a
dependent father or mother, to each dependent parent a
monthly pension of 18% of the monthly salary. To qualify for
the pension, a dependent parent must furnish satisfactory
proof that the deceased firefighter was at the time of his or
her death the sole supporter of the parent or that the parent
was the deceased's dependent for federal income tax purposes.
(d) The total pension provided under paragraphs (a), (b)
and (c) of this Section shall not exceed 75% of the monthly
salary of the deceased firefighter (1) when paid to the
survivor of a firefighter who has attained 20 or more years
of service credit and who receives or is eligible to receive
a retirement pension under this Article, or (2) when paid to
the survivor of a firefighter who dies as a result of illness
or accident, or (3) when paid to the survivor of a
firefighter who dies from any cause while in receipt of a
disability pension under this Article, or (4) when paid to
the survivor of a deferred pensioner. For all other
survivors of deceased firefighters, the total pension
provided under paragraphs (a), (b) and (c) of this Section
shall not exceed 50% of the retirement annuity the
firefighter would have received on the date of death.
(e) If a firefighter leaves no eligible survivors under
paragraphs (a), (b) and (c), the board shall refund to the
firefighter's estate the amount of his or her accumulated
contributions, less the amount of pension payments, if any,
made to the firefighter while living.
(f) An adopted child is eligible for the pension
provided under paragraph (a) if the child was adopted before
the firefighter attained age 50.
(g) If a judgment of dissolution of marriage between a
firefighter and spouse is judicially set aside subsequent to
the firefighter's death, the surviving spouse is eligible for
the pension provided in paragraph (a) only if the judicial
proceedings are filed within 2 years after the date of the
dissolution of marriage and within one year after the
firefighter's death and the board is made a party to the
proceedings. In such case the pension shall be payable only
from the date of the court's order setting aside the judgment
of dissolution of marriage.
(h) Benefits payable on account of a child under this
Section shall not be reduced or terminated by reason of the
child's attainment of age 18 if he or she is then dependent
by reason of a physical or mental disability but shall
continue to be paid as long as such dependency continues.
Individuals over the age of 18 and adjudged as a disabled
person pursuant to Article XIa of the Probate Act of 1975,
except for persons receiving benefits under Article III of
the Illinois Public Aid Code, shall be eligible to receive
benefits under this Act.
(i) Beginning January 1, 2000, the pension of the
surviving spouse of a firefighter who dies on or after
January 1, 1994 as a result of sickness, accident, or injury
incurred in or resulting from the performance of an act of
duty or from the cumulative effects of acts of duty shall not
be less than 100% of the salary attached to the rank held by
the deceased firefighter on the last day of service,
notwithstanding subsection (d) or any other provision of this
Article.
(Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
(40 ILCS 5/4-118.1) (from Ch. 108 1/2, par. 4-118.1)
Sec. 4-118.1. Contributions by firefighters. Beginning
January 1, 1976 and until the effective date of this
amendatory Act of the 91st General Assembly, each firefighter
shall contribute to the pension fund 6 3/4% of salary towards
the cost of his or her pension. Beginning on the effective
date of this amendatory Act of the 91st General Assembly,
each firefighter shall contribute to the pension fund 6.955%
of salary towards the cost of his or her pension.
In addition, beginning January 1, 1976, each firefighter
shall contribute 1% of salary toward the cost of the increase
in pension provided in Section 4-109.1; beginning January 1,
1987, such contribution shall be 1.5% of salary.
"Salary" means the annual salary, including longevity,
attached to the firefighter's rank, as established by the
municipality appropriation ordinance, including any
compensation for overtime which is included in the salary so
established, but excluding any "overtime pay", "holiday pay",
"bonus pay", "merit pay", or any other cash benefit not
included in the salary so established.
The contributions shall be deducted and withheld from the
salary of firefighters.
(Source: P.A. 84-1472.)
Section 90. The State Mandates Act is amended by adding
Section 8.23 as follows:
(30 ILCS 805/8.23 new)
Sec. 8.23. 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 91st General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.
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