(40 ILCS 5/6-211)
(from Ch. 108 1/2, par. 6-211)
Sec. 6-211. Permanent and temporary positions; exempt positions above
career service rank.
(a) Except as specified in subsection (b), no annuity, pension or
other benefit shall be paid to a fireman or widow, under this Article, based
upon any salary paid by virtue of a temporary appointment, and all
contributions, annuities and benefits shall be related to the salary which
attaches to the permanent position of the fireman.
Any fireman temporarily serving in a position or rank other than that to
which he has received permanent appointment shall be considered, while so
serving, as though he were in his permanent position or rank, except that no
increase in any pension, annuity or other benefit hereunder shall accrue to
him by virtue of any service performed by him subsequent to attaining the
compulsory retirement age provided by law or ordinance.
This Section does not apply to any person certified to the
fire department by the civil service commission of the city, during the period
of probationary service.
A fireman who holds a position at the will of the Fire Commissioner or other
appointing authority, whether or not such position is an "exempt" position,
shall be deemed to hold a temporary position.
(b) Beginning on the effective date of this amendatory Act of the 93rd
General Assembly, for service in an exempt position above career service rank,
employee contributions shall be based on the actual full salary attached to the
exempt rank position held by the fireman.
For service in an exempt position above career service rank, benefit
computations under this Article shall be based on the actual full salary
attached to the exempt rank position held by the fireman if and only if:
(1) employee contributions have been paid on the |
(3) the fireman was born before 1955.
(c) For service prior to the effective date of this amendatory Act of the
93rd General Assembly in an exempt position above career service rank for
which contributions have been paid only on the salary attached to the fireman's
permanent career service rank, a fireman may make the contributions required
under subsection (b) by paying to the Fund before the later of the date of
retirement or 6 months after the effective date of this amendatory Act, but
in no event later than July 1, 2005, an amount equal to the difference between
the employee contributions actually made for that service and the employee
contributions that would have been made based on the actual full salary
attached to the exempt rank position held by the fireman on or after January 1,
1994, plus interest thereon at the rate of 4% per year, compounded annually,
from the date of the service to the date of payment (or to the date of
retirement if retirement is before the effective date of this amendatory Act).
In the case of a fireman who retired in an exempt rank position after January
1, 1994 and before January 1, 1999 and in the case of a fireman who retired due
to attaining compulsory retirement age before December 1, 2003, the payment
under this subsection (c) shall be for a period of at least 5 years.
If a fireman dies while eligible to make the contributions required under
subsection (b) but before the contributions are paid, the fireman's widow may
elect to make the contributions.
(d) Subsection (e) of Section 6-111 and the changes made to this Section
by this amendatory Act of the 93rd General Assembly apply to a fireman who
retires (or becomes disabled) on or after January 1, 1994. In the case of a
benefit payable on the effective date of this amendatory Act, the resulting
increase in benefit shall begin to accrue with the first benefit payment
period commencing after the required contributions are paid.
(e) If a fireman or his survivors do not qualify to have benefits computed
on the full amount of salary received for service in an exempt position as
provided in subsection (b), benefits shall be computed on the basis of the
salary attached to the permanent career service rank, and a refund of any
employee contributions paid on the difference between the actual salary and
the salary attached to the permanent career service rank shall be payable to
the fireman upon termination of service, or to the fireman's widow or estate
upon the fireman's death.
(f) The tax levy computed under Section 6-165 shall be based on employee
contributions, including the payments of employee contributions under
subsections (a), (b), and (c) of this Section 6-211.
(g) The city shall pay to the Fund on an annual basis, in addition to
the usual city contributions, an amount at least equal to the sum of (1) the
increase in normal cost resulting from subsection (e) of Section 6-111 and
the changes made to this Section by this amendatory Act of the 93rd General
Assembly, plus (2) amortization (over a period of 30 years from the effective
date of this amendatory Act) of the initial unfunded liability resulting from
subsection (e) of Section 6-111 and the changes made to this Section by this
amendatory Act of the 93rd General Assembly. The payment required under this
subsection shall be no less than $400,000 per year. Payment shall begin with
the first calendar year commencing after the effective date of this amendatory
Act and shall be in addition to the tax levy otherwise calculated under Section
6-165. The city may increase that tax levy by the amount of the payment
required under this subsection, or it may utilize any funds appropriated for
this purpose.
(Source: P.A. 93-654, eff. 1-16-04.)
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