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Public Act 100-0544


 

Public Act 0544 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0544
 
HB0688 EnrolledLRB100 06102 RPS 16134 b

    AN ACT concerning public employee benefits.
 
    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, 4-108.6, and 6-227 and by adding Section
3-110.12 as follows:
 
    (40 ILCS 5/3-110.12 new)
    Sec. 3-110.12. Transfer to Article 4 fund.
    (a) At any time during the 6 months following the effective
date of this Section, an active member of an Article 4
firefighters' pension fund may apply for transfer to that fund
of up to 6 years of his or her creditable service accumulated
in the police pension fund under this Article that is
administered by the same unit of local government if that
active member was not subject to disciplinary action when he or
she terminated employment with that police department. The
creditable service shall be transferred upon payment by the
police pension fund to the Article 4 fund of an amount equal
to:
        (1) the amounts accumulated to the credit of the
    applicant on the books of the fund on the date of transfer
    for the service to be transferred; and
        (2) employer contributions in an amount equal to the
    amount determined under item (1); and
        (3) any interest paid by the applicant in order to
    reinstate service.
    Participation in the police pension fund with respect to
the transferred creditable service shall terminate on the date
of transfer.
    (b) At the time of applying for transfer of creditable
service under this Section, an active member of an Article 4
firefighters' pension fund may, for the purpose of that
transfer, reinstate creditable service that was terminated by
receipt of a refund, by payment to the police pension fund of
the amount of the refund with interest thereon at the rate of
6% per year, compounded annually, from the date of the refund
to the date of payment.
 
    (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.
        (1.5) Up to 24 months of service in the military,
    naval, or air forces of the United States that was served
    prior to employment by a municipality or fire protection
    district as a firefighter. To receive the credit for the
    military service prior to the employment as a firefighter,
    the firefighter must apply in writing to the fund and must
    make contributions to the fund equal to (i) the employee
    contributions that would have been required had the service
    been rendered as a member, plus (ii) an amount determined
    by the fund to be equal to the employer's normal cost of
    the benefits accrued for that military service, plus (iii)
    interest at the actuarially assumed rate provided by the
    Department of Financial and Professional Regulation,
    compounded annually from the first date of membership in
    the fund to the date of payment on items (i) and (ii). The
    changes to this paragraph (1.5) by this amendatory Act of
    the 95th General Assembly apply only to participating
    employees in service on or after its effective 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, (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, and (iv) for all leaves of absence under this
    subdivision (3), including those beginning before the
    effective date of this amendatory Act of the 97th General
    Assembly, the firefighter continues to remain in sworn
    status, subject to the professional standards of the public
    employer or those terms established in statute.
        (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).
        Except as provided in Section 4-108.5, creditable
    service shall not 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.
        (8) Up to 6 years of service as a police officer and
    participant in an Article 3 police pension fund
    administered by the unit of local government that employs
    the firefighter under this Article, provided that the
    service has been transferred to, and the required payment
    received by, the Article 4 fund in accordance with Section
    3-110.12 of this Code.
(Source: P.A. 97-651, eff. 1-5-12.)
 
    (40 ILCS 5/4-108.6)
    Sec. 4-108.6. Transfer of creditable service to the
Firemen's Annuity and Benefit Fund of Chicago.
    (a) Until 6 months after the effective date of this
amendatory Act of the 100th General Assembly, January 1, 2010,
any active member of the Firemen's Annuity and Benefit Fund of
Chicago may apply for transfer of up to 10 years of creditable
service accumulated in any pension fund established under this
Article to the Firemen's Annuity and Benefit Fund of Chicago.
Such creditable service shall be transferred only upon payment
by such pension fund to the Firemen's Annuity and Benefit Fund
of Chicago of an amount equal to:
        (1) the amounts accumulated to the credit of the
    applicant on the books of the fund on the date of transfer;
        (2) employer contributions in an amount equal to the
    amount determined under subparagraph (1); and
        (3) any interest paid by the applicant in order to
    reinstate service.
    Participation in such pension fund as to any credits
transferred under this Section shall terminate on the date of
transfer.
    (b) An active member of the Firemen's Annuity and Benefit
Fund of Chicago applying for a transfer of creditable service
under subsection (a) may reinstate credits and creditable
service terminated upon receipt of a refund by payment to the
Firemen's Annuity and Benefit Fund of Chicago of the amount of
the refund with interest thereon at the actuarially assumed
rate, compounded annually, from the date of the refund to the
date of payment.
(Source: P.A. 96-727, eff. 8-25-09.)
 
    (40 ILCS 5/6-227)
    Sec. 6-227. Transfer of creditable service from Article 4.
Until 6 months after the effective date of this amendatory Act
of the 100th General Assembly, January 1, 2010, any active
member of the Firemen's Annuity and Benefit Fund of Chicago may
transfer to the Fund up to a total of 10 years of creditable
service accumulated under Article 4 of this Code upon payment
to the Fund within 5 years after the date of application of an
amount equal to the difference between the amount of employee
and employer contributions transferred to the Fund under
Section 4-108.6 and the amounts determined by the Fund in
accordance with this Section, plus interest on that difference
at the actuarially assumed rate, compounded annually, from the
date of service to the date of payment.
    The Fund must determine the fireman's payment required to
establish creditable service under this Section by taking into
account the appropriate actuarial assumptions, including
without limitation the fireman's service, age, and salary
history; the level of funding of the Fund; and any other
factors that the Fund determines to be relevant. For this
purpose, the fireman's required payment should result in no
significant increase to the Fund's unfunded actuarial accrued
liability determined as of the most recent actuarial valuation,
based on the same assumptions and methods used to develop and
report the Fund's actuarial accrued liability and actuarial
value of assets under Statement No. 25 of Governmental
Accounting Standards Board or any subsequent applicable
Statement.
(Source: P.A. 96-727, eff. 8-25-09.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.41 as follows:
 
    (30 ILCS 805/8.41 new)
    Sec. 8.41. 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 100th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 11/8/2017