100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5342

 

Introduced , by Rep. Robert Martwick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/6-106  from Ch. 108 1/2, par. 6-106
40 ILCS 5/6-109  from Ch. 108 1/2, par. 6-109
40 ILCS 5/6-111  from Ch. 108 1/2, par. 6-111
40 ILCS 5/6-230 new
30 ILCS 805/8.42 new

    Amends the Chicago Firefighter Article of the Illinois Pension Code. Authorizes a person to participate in the Chicago Firefighter Article if he or she (1) is or was employed and receiving a salary as a fireman, (2) has at least 5 years of service under the Chicago Firefighter Article, (3) is employed in a position covered under a specified provision of the Chicago Municipal Article relating to aldermen and members of the city council, (4) made an election under the Chicago Municipal Article to not receive service credit or be a participant under that Article, and (5) made an election to participate under the Chicago Firefighter Article. Provides that for such a person, "salary" means the lesser of (i) the salary associated with the highest career service rank under the Chicago Firefighter Article or (ii) the actual salary received by that person for service under a specified provision of the Chicago Municipal Article relating to aldermen and members of the city council. Provides that for the purposes of determining employee and employer contributions, the employee and employer shall be responsible for any and all contributions otherwise required if the person was employed as a fireman. Makes conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB100 20764 RPS 36249 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5342LRB100 20764 RPS 36249 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 6-106, 6-109, and 6-111 and by adding Section 6-230 as
6follows:
 
7    (40 ILCS 5/6-106)  (from Ch. 108 1/2, par. 6-106)
8    Sec. 6-106. Fireman. "Fireman": Any person who:
9    (a) was, is, or shall be employed by a city in its fire
10service as a fireman, fire paramedic, fire engineer, marine
11engineer, or fire pilot, and whose duty is to participate in
12the work of controlling and extinguishing fire at the location
13of any such fire, whether or not he is assigned to fire service
14other than the actual extinguishing of fire; or
15    (b) is employed in the fire service of a city on the
16effective date, whose duty shall not be as hereinbefore stated,
17but who shall then be a contributor to, participant in, or
18beneficiary of any firemen's pension fund in operation by
19authority of law in such city on said date, unless he applies
20to the retirement board, within 90 days from the effective
21date, for exemption from the provisions of this Article. Any
22person who would have been entitled on July 1, 1931 to
23membership in this fund by reason of the definition of the word

 

 

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1"fireman" contained in "An Act to provide for a firemen's
2pension fund and to create a board of trustees to administer
3said fund in cities having a population exceeding two hundred
4thousand (200,000) inhabitants", filed July 14, 1917, as
5amended, who has not filed with the board prior to July 1,
61941, a written application to be a member shall not be a
7fireman within the meaning of this Article; or .
8    (c) made the election under Section 6-230.
9(Source: P.A. 83-780.)
 
10    (40 ILCS 5/6-109)  (from Ch. 108 1/2, par. 6-109)
11    Sec. 6-109. Active fireman.
12    "Active fireman": Any person employed and receiving salary
13as a fireman. "Active fireman" also includes a person who made
14the election under Section 6-230 and is serving in a position
15covered under Section 8-243.
16(Source: P.A. 78-1242.)
 
17    (40 ILCS 5/6-111)   (from Ch. 108 1/2, par. 6-111)
18    Sec. 6-111. Salary. "Salary": Subject to Section 6-211, the
19annual salary of a fireman, as follows:
20    (a) For age and service annuity, minimum annuity, and
21disability benefits, the actual amount of the annual salary,
22except as otherwise provided in this Article.
23    (b) For prior service annuity, widow's annuity, widow's
24prior service annuity and child's annuity to and including

 

 

HB5342- 3 -LRB100 20764 RPS 36249 b

1August 31, 1957, the amount of the annual salary up to a
2maximum of $3,000.
3    (c) Except as otherwise provided in Section 6-141.1, for
4widow's annuity, beginning September 1, 1957, the amount of
5annual salary up to a maximum of $6,000.
6    (d) "Salary" means the actual amount of the annual salary
7attached to the permanent career service rank held by the
8fireman, except as provided in subsections subsection (e) and
9(e-5).
10    (e) In the case of a fireman who holds an exempt position
11above career service rank:
12        (1) For the purpose of computing employee and city
13    contributions, "salary" means the actual salary attached
14    to the exempt rank position held by the fireman.
15        (2) For the purpose of computing benefits: "salary"
16    means the actual salary attached to the exempt rank
17    position held by the fireman, if (i) the contributions
18    specified in Section 6-211 have been made, (ii) the fireman
19    has held one or more exempt positions for at least 5
20    consecutive years and has held the rank of battalion chief
21    or field officer for at least 5 years during the exempt
22    period, and (iii) the fireman was born before 1955;
23    otherwise, "salary" means the salary attached to the
24    permanent career service rank held by the fireman, as
25    provided in subsection (d).
26        (e-5) In the case of a person who made the election to

 

 

HB5342- 4 -LRB100 20764 RPS 36249 b

1    participate under Section 6-230, "salary" means the lesser
2    of (i) the salary associated with the highest career
3    service rank under this Article or (ii) the actual salary
4    received by that person for service in a position covered
5    under Section 8-243.
6    (f) Beginning on the effective date of this amendatory Act
7of the 93rd General Assembly, and for any prior periods for
8which contributions have been paid under subsection (g) of this
9Section, all salary payments made to any active or former
10fireman who holds or previously held the permanent assigned
11position or classified career service rank, grade, or position
12of ambulance commander shall be included as salary for all
13purposes under this Article.
14    (g) Any active or former fireman who held the permanent
15assigned position or classified career service rank, grade, or
16position of ambulance commander may elect to have the full
17amount of the salary attached to that permanent assigned
18position or classified career service rank, grade, or position
19included in the calculation of his or her salary for any period
20during which the fireman held the permanent assigned position
21or classified career service rank, grade, or position of
22ambulance commander by applying in writing and making all
23employee and employer contributions, without interest, related
24to the actual salary payments corresponding to the permanent
25assigned position or classified career service rank, grade, or
26position of ambulance commander for all periods beginning on or

 

 

HB5342- 5 -LRB100 20764 RPS 36249 b

1after January 1, 1995. All applicable contributions must be
2paid in full to the Fund before January 1, 2006 before the
3payment of any benefit under this subsection (g) will be made.
4    Any former fireman or widow of a fireman who (i) held the
5permanent assigned position or classified career service rank,
6grade, or position of ambulance commander, (ii) is in receipt
7of annuity on the effective date of this amendatory Act of the
893rd General Assembly, and (iii) pays to the Fund contributions
9under this subsection (g) for salary payments at the permanent
10assigned position or classified career service rank, grade, or
11position of ambulance commander shall have his or her annuity
12recalculated to reflect the ambulance commander salary and the
13resulting increase shall become payable on the next annuity
14payment date following the date the contribution is received by
15the Fund.
16    In the case of an active or former fireman who (i) dies
17before January 1, 2006 without making an election under this
18subsection and (ii) was eligible to make an election under this
19subsection at the time of death (or would have been eligible
20had the death occurred after the effective date of this
21amendatory Act), any surviving spouse, child, or parent of the
22fireman who is eligible to receive a benefit under this Article
23based on the fireman's salary may make that election and pay
24the required contributions on behalf of the deceased fireman.
25If the death occurs within the 30 days immediately preceding
26January 1, 2006, the deadline for application and payment is

 

 

HB5342- 6 -LRB100 20764 RPS 36249 b

1extended to January 31, 2006.
2    Any portion of the compensation received for service as an
3ambulance commander for which the corresponding contributions
4have not been paid shall not be included in the calculation of
5salary.
6    (h) Beginning January 1, 1999, with respect to a fireman
7who is licensed by the State as an Emergency Medical
8Technician, references in this Article to the fireman's salary
9or the salary attached to or appropriated for the permanent
10assigned position or classified career service rank, grade, or
11position of the fireman shall be deemed to include any
12additional compensation payable to the fireman by virtue of
13being licensed as an Emergency Medical Technician, as provided
14under a collective bargaining agreement with the city.
15    (i) Beginning on the effective date of this amendatory Act
16of the 93rd General Assembly (and for any period prior to that
17date for which contributions have been paid under subsection
18(j) of this Section), the salary of a fireman, as calculated
19for any purpose under this Article, shall include any duty
20availability pay received by the fireman (i) pursuant to a
21collective bargaining agreement or (ii) pursuant to an
22appropriation ordinance in an amount equivalent to the amount
23of duty availability pay received by other firemen pursuant to
24a collective bargaining agreement, and references in this
25Article to the salary attached to or appropriated for the
26permanent assigned position or classified career service rank,

 

 

HB5342- 7 -LRB100 20764 RPS 36249 b

1grade, or position of the fireman shall be deemed to include
2that duty availability pay.
3    (j) An active or former fireman who received duty
4availability pay at any time after December 31, 1994 and before
5the effective date of this amendatory Act of the 93rd General
6Assembly and who either (1) retired during that period or (2)
7had attained age 46 and at least 16 years of service by the
8effective date of this amendatory Act may elect to have that
9duty availability pay included in the calculation of his or her
10salary for any portion of that period for which the pay was
11received, by applying in writing and paying to the Fund, before
12January 1, 2006, the corresponding employee contribution,
13without interest.
14    In the case of an applicant who is receiving an annuity at
15the time the application and contribution are received by the
16Fund, the annuity shall be recalculated and the resulting
17increase shall become payable on the next annuity payment date
18following the date the contribution is received by the Fund.
19    In the case of an active or former fireman who (i) dies
20before January 1, 2006 without making an election under this
21subsection and (ii) was eligible to make an election under this
22subsection at the time of death (or would have been eligible
23had the death occurred after the effective date of this
24amendatory Act), any surviving spouse, child, or parent of the
25fireman who is eligible to receive a benefit under this Article
26based on the fireman's salary may make that election and pay

 

 

HB5342- 8 -LRB100 20764 RPS 36249 b

1the required contribution on behalf of the deceased fireman. If
2the death occurs within the 30 days immediately preceding
3January 1, 2006, the deadline for application and payment is
4extended to January 31, 2006.
5    Any duty availability pay for which the corresponding
6employee contribution has not been paid shall not be included
7in the calculation of salary.
8    (k) The changes to this Section made by this amendatory Act
9of the 93rd General Assembly are not limited to firemen in
10service on or after the effective date of this amendatory Act.
11(Source: P.A. 93-654, eff. 1-16-04.)
 
12    (40 ILCS 5/6-230 new)
13    Sec. 6-230. Participation by an alderman or member of city
14council.
15    (a) A person shall be a member under this Article if he or
16she (1) is or was employed and receiving a salary as a fireman
17under item (a) of Section 6-106, (2) has at least 5 years of
18service under this Article, (3) is employed in a position
19covered under Section 8-243, (4) made an election under Article
208 to not receive service credit or be a participant under that
21Article, and (5) made an election to participate under this
22Article.
23    (b) For the purposes of determining employee and employer
24contributions under this Article, the employee and employer
25shall be responsible for any and all contributions otherwise

 

 

HB5342- 9 -LRB100 20764 RPS 36249 b

1required if the person was employed and receiving salary as a
2fireman under item (a) of Section 6-106.
 
3    Section 90. The State Mandates Act is amended by adding
4Section 8.42 as follows:
 
5    (30 ILCS 805/8.42 new)
6    Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
7of this Act, no reimbursement by the State is required for the
8implementation of any mandate created by this amendatory Act of
9the 100th General Assembly.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.