State of Illinois
2019 and 2020


Introduced , by Rep. Michael J. Zalewski


40 ILCS 5/4-109  from Ch. 108 1/2, par. 4-109
30 ILCS 805/8.43 new

    Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that, beginning in 2020, the limit on salary for all purposes under the Code for Tier 2 firefighters shall annually be increased by the lesser of 3%, including all previous adjustments, or the annual unadjusted percentage increase in the consumer price index-u (rather than one-half the annual unadjusted percentage increase in the consumer price index-u) for the 12 months ending with the September preceding each November 1, including all previous adjustments. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

LRB101 06697 RPS 51724 b






HB2680LRB101 06697 RPS 51724 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
5Section 4-109 as follows:
6    (40 ILCS 5/4-109)  (from Ch. 108 1/2, par. 4-109)
7    Sec. 4-109. Pension.
8    (a) A firefighter age 50 or more with 20 or more years of
9creditable service, who is no longer in service as a
10firefighter, shall receive a monthly pension of 1/2 the monthly
11salary attached to the rank held by him or her in the fire
12service at the date of retirement.
13    The monthly pension shall be increased by 1/12 of 2.5% of
14such monthly salary for each additional month over 20 years of
15service through 30 years of service, to a maximum of 75% of
16such monthly salary.
17    The changes made to this subsection (a) by this amendatory
18Act of the 91st General Assembly apply to all pensions that
19become payable under this subsection on or after January 1,
201999. All pensions payable under this subsection that began on
21or after January 1, 1999 and before the effective date of this
22amendatory Act shall be recalculated, and the amount of the
23increase accruing for that period shall be payable to the



HB2680- 2 -LRB101 06697 RPS 51724 b

1pensioner in a lump sum.
2    (b) A firefighter who retires or is separated from service
3having at least 10 but less than 20 years of creditable
4service, who is not entitled to receive a disability pension,
5and who did not apply for a refund of contributions at his or
6her last separation from service shall receive a monthly
7pension upon attainment of age 60 based on the monthly salary
8attached to his or her rank in the fire service on the date of
9retirement or separation from service according to the
10following schedule:
11    For 10 years of service, 15% of salary;
12    For 11 years of service, 17.6% of salary;
13    For 12 years of service, 20.4% of salary;
14    For 13 years of service, 23.4% of salary;
15    For 14 years of service, 26.6% of salary;
16    For 15 years of service, 30% of salary;
17    For 16 years of service, 33.6% of salary;
18    For 17 years of service, 37.4% of salary;
19    For 18 years of service, 41.4% of salary;
20    For 19 years of service, 45.6% of salary.
21    (c) Notwithstanding any other provision of this Article,
22the provisions of this subsection (c) apply to a person who
23first becomes a firefighter under this Article on or after
24January 1, 2011.
25    A firefighter age 55 or more who has 10 or more years of
26service in that capacity shall be entitled at his option to



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1receive a monthly pension for his service as a firefighter
2computed by multiplying 2.5% for each year of such service by
3his or her final average salary.
4    The pension of a firefighter who is retiring after
5attaining age 50 with 10 or more years of creditable service
6shall be reduced by one-half of 1% for each month that the
7firefighter's age is under age 55.
8    The maximum pension under this subsection (c) shall be 75%
9of final average salary.
10    For the purposes of this subsection (c), "final average
11salary" means the average monthly salary obtained by dividing
12the total salary of the firefighter during the 96 consecutive
13months of service within the last 120 months of service in
14which the total salary was the highest by the number of months
15of service in that period.
16    Beginning on January 1, 2011, for all purposes under this
17Code (including without limitation the calculation of benefits
18and employee contributions), the annual salary based on the
19plan year of a member or participant to whom this Section
20applies shall not exceed $106,800; however, until 2020, that
21amount shall annually thereafter be increased by the lesser of
22(i) 3% of that amount, including all previous adjustments, or
23(ii) one-half the annual unadjusted percentage increase (but
24not less than zero) in the consumer price index-u for the 12
25months ending with the September preceding each November 1,
26including all previous adjustments; however, beginning in



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12020, that amount shall annually thereafter be increased by the
2lesser of (i) 3% of that amount, including all previous
3adjustments, or (ii) the annual unadjusted percentage increase
4(but not less than zero) in the consumer price index-u for the
512 months ending with the September preceding each November 1,
6including all previous adjustments.
7(Source: P.A. 96-1495, eff. 1-1-11.)
8    Section 90. The State Mandates Act is amended by adding
9Section 8.43 as follows:
10    (30 ILCS 805/8.43 new)
11    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
12of this Act, no reimbursement by the State is required for the
13implementation of any mandate created by this amendatory Act of
14the 101st General Assembly.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.