97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2199

 

Introduced 2/10/2011, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/4-108.4
30 ILCS 805/8.35 new

    Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that a firefighter employed by a village with a population on July 1, 2007 greater than 9,000 but less than 12,000 who was excluded from participation in a downstate firefighter fund prior to January 1, 1996 because the firefighter earned credit for that service under the Illinois Municipal Retirement Fund Article for the same municipality may also elect to establish creditable service for those periods of employment for that municipality's emergency services as a firefighter, EMT, or paramedic during which he or she was excluded from participation in a downstate firefighter fund. Amends the State Mandates Act to require implementation without reimbursement.


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

 

 

A BILL FOR

 

SB2199LRB097 05072 JDS 45113 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 4-108.4 as follows:
 
6    (40 ILCS 5/4-108.4)
7    Sec. 4-108.4. Transfer of creditable service from Article 7
8fund.
9    (a) Any firefighter who was excluded from participation in
10an Article 4 fund because the firefighter earned credit for
11that service under Article 7 of this Code and who is a
12participant in the Illinois Municipal Retirement Fund may
13become an active participant in that firefighter pension fund
14by making a written application to the Board. Persons so
15applying shall begin participation on the first day of the
16month following the month in which the application is received
17by the Board. An employee who makes application for
18participation shall not be deemed ineligible to participate in
19the firefighter pension fund by reason of having failed to
20apply within the 3-month period specified in subsection (b) of
21Section 4-107.
22    (a-1) A firefighter employed by a village with a population
23on July 1, 2007 greater than 9,000 but less than 12,000 who was

 

 

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1excluded from participation in an Article 4 fund prior to
2January 1, 1996 because the firefighter earned credit for that
3service under Article 7 of this Code for the same municipality
4may also elect to establish creditable service for those
5periods of employment for that municipality's emergency
6services as a firefighter, EMT, or paramedic during which he or
7she was excluded from participation in an Article 4 fund by
8paying into the fund the amount that the person would have
9contributed had deductions from salary been made for this
10purpose at the time the service was rendered, together with
11interest thereon at 6% per annum, compounded annually, from the
12time the service was rendered until the date of payment, less
13any amounts transferred from the Illinois Municipal Retirement
14Fund under Section 7-139.10.
15    (b) A firefighter who was excluded from participation in an
16Article 4 fund because the firefighter earned credit for that
17service under Article 7 of this Code and who is a participant
18in the Illinois Municipal Retirement Fund may also elect to
19establish creditable service for those periods of employment as
20a firefighter during which he or she was excluded from
21participation in an Article 4 fund by paying into the fund the
22amount that the person would have contributed had deductions
23from salary been made for this purpose at the time the service
24was rendered, together with interest thereon at 6% per annum,
25compounded annually, from the time the service was rendered
26until the date of payment, less any amounts transferred from

 

 

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1the Illinois Municipal Retirement Fund under Section 7-139.10.
2    (c) In no event shall pension credit for the same service
3rendered by an employee be accredited in more than one pension
4fund or retirement system under this Code. If an employee
5applies for service credit under subsection (a-1) or (b), then
6any creditable service time accumulated in the Illinois
7Municipal Retirement Fund for the same period must be
8transferred to the Article 4 fund under Section 7-139.10.
9(Source: P.A. 93-689, eff. 7-1-04.)
 
10    Section 90. The State Mandates Act is amended by adding
11Section 8.35 as follows:
 
12    (30 ILCS 805/8.35 new)
13    Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8
14of this Act, no reimbursement by the State is required for the
15implementation of any mandate created by this amendatory Act of
16the 97th General Assembly.