State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0466

SB856 Enrolled                                 LRB9105995EGfg

    AN ACT to amend the Illinois Pension Code and  the  State
Mandates Act.

    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,  4-109,  4-109.1,  4-109.2, 4-110,
4-110.1, 4-114, and 4-118.1 and  adding  Section  3-113.1  as
follows:

    (40 ILCS 5/3-113.1 new)
    Sec.   3-113.1.    Minimum   retirement,   survivor,  and
disability pensions.
    (a)  Beginning January 1, 1999,  the  minimum  retirement
pension  payable to a police officer with 20 or more years of
creditable service, the minimum  disability  pension  payable
under  Section  3-114.1, 3-114.2, or 3-114.3, and the minimum
surviving spouse's pension shall be $600 per  month,  without
regard  to  whether  the  police officer was in service on or
after the effective date of this amendatory Act of  the  91st
General Assembly.
    In the case of a pensioner whose pension began before the
effective  date  of  this  amendatory  Act  and is subject to
increase under this subsection (a), the  pensioner  shall  be
entitled to a lump sum payment of the amount of that increase
accruing from January 1, 1999 (or the date the pension began,
if later) to the effective date of this amendatory Act.
    (b)  Beginning  January  1,  2000, the minimum retirement
pension payable to a police officer with 20 or more years  of
creditable  service,  the  minimum disability pension payable
under Section 3-114.1, 3-114.2, or 3-114.3, and  the  minimum
surviving  spouse's  pension shall be $800 per month, without
regard to whether the police officer was  in  service  on  or
after  the  effective date of this amendatory Act of the 91st
General Assembly.
    (c)  Beginning January 1, 2001,  the  minimum  retirement
pension  payable to a police officer with 20 or more years of
creditable service, the minimum  disability  pension  payable
under  Section  3-114.1, 3-114.2, or 3-114.3, and the minimum
surviving spouse's pension shall be $1000 per month,  without
regard  to  whether  the  police officer was in service on or
after the effective date of this amendatory Act of  the  91st
General Assembly.
    (d)  This  Section  does  not  grant  a  pension  to  any
surviving  spouse  who is not otherwise eligible to receive a
pension under this Article.

    (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.
         (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,  and  (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.
         (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).
         Creditable  service  shall  not  under   any   other
    circumstances   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.
(Source: P.A. 89-52, eff. 6-30-95.)

    (40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
    Sec. 4-109.  Pension.
    (a)  A firefighter age 50 or more with 20 or  more  years
of  creditable  service,  who  is  no  longer in service as a
firefighter, shall receive  a  monthly  pension  of  1/2  the
monthly salary attached to the rank held by him or her in the
fire service at the date of retirement.
    The monthly pension shall be increased by 1/12 of 2.5% 2%
of  such  monthly  salary  for  each additional month over 20
years of service through 30 years of service and 1/12  of  1%
of  such  monthly  salary  for  each additional month over 30
years of service, to a maximum of 75% of such monthly salary.
    The  changes  made  to  this  subsection  (a)   by   this
amendatory  Act  of  the  91st  General Assembly apply to all
pensions that become payable  under  this  subsection  on  or
after  January  1,  1999.   All  pensions  payable under this
subsection that began on or after January 1, 1999 and  before
the   effective   date   of  this  amendatory  Act  shall  be
recalculated, and the amount of  the  increase  accruing  for
that period shall be payable to the pensioner in a lump sum.
    (b)  A  firefighter  who  retires  or  is  separated from
service having  at  least  10  but  less  than  20  years  of
creditable   service,  who  is  not  entitled  to  receive  a
disability pension, and who did not apply  for  a  refund  of
contributions  at  his  or  her  last separation from service
shall receive a monthly pension upon  attainment  of  age  60
based  on  the  monthly salary attached to his or her rank in
the fire service on the date of retirement or separation from
service according to the following schedule:
    For 10 years of service, 15% of salary;
    For 11 years of service, 17.6% of salary;
    For 12 years of service, 20.4% of salary;
    For 13 years of service, 23.4% of salary;
    For 14 years of service, 26.6% of salary;
    For 15 years of service, 30% of salary;
    For 16 years of service, 33.6% of salary;
    For 17 years of service, 37.4% of salary;
    For 18 years of service, 41.4% of salary;
    For 19 years of service, 45.6% of salary.
(Source: P.A. 83-1440.)

    (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
    Sec. 4-109.1.  Increase in pension.
    (a)  Except as provided in subsection  (e),  the  monthly
pension  of  a firefighter who retires after July 1, 1971 and
prior to January 1, 1986, shall, upon either the first of the
month  following  the  first  anniversary  of  the  date   of
retirement  if 60 years of age or over at retirement date, or
upon the first day of the month following attainment  of  age
60 if it occurs after the first anniversary of retirement, be
increased by 2% of the originally granted monthly pension and
by  an  additional  2% in each January thereafter.  Effective
January 1976, the rate of the annual increase shall be 3%  of
the originally granted monthly pension.
    (b)  The  monthly  pension  of  a firefighter who retired
from service with 20 or more years of service, on  or  before
July  1,  1971,  shall  be  increased, in January of the year
following the year of attaining age 65 or in January 1972, if
then over age 65, by 2% of  the  originally  granted  monthly
pension,  for  each  year  the  firefighter  received pension
payments.  In  each  January  thereafter,  he  or  she  shall
receive  an additional increase of 2% of the original monthly
pension.  Effective January 1976,  the  rate  of  the  annual
increase shall be 3%.
    (c)  The   monthly   pension  of  a  firefighter  who  is
receiving a disability pension under this  Article  shall  be
increased,  in  January  of  the  year following the year the
firefighter attains age 60, or in January 1974, if then  over
age  60,  by 2% of the originally granted monthly pension for
each year he or she  received  pension  payments.    In  each
January   thereafter,   the   firefighter  shall  receive  an
additional increase of 2% of the  original  monthly  pension.
Effective January 1976, the rate of the annual increase shall
be 3%.
    (c-1)  On  January  1,  1998,  every  child's  disability
benefit  payable  on that date under Section 4-110 or 4-110.1
shall be increased by an amount equal to 1/12 of  3%  of  the
amount of the benefit, multiplied by the number of months for
which  the  benefit  has  been  payable.   On  each January 1
thereafter, every child's disability  benefit  payable  under
Section  4-110  or  4-110.1  shall  be increased by 3% of the
amount of the benefit then being paid, including any previous
increases received under this Article.  These  increases  are
not  subject  to any limitation on the maximum benefit amount
included in Section 4-110 or 4-110.1.
    (d)  The monthly pension of  a  firefighter  who  retires
after  January  1,  1986, shall, upon either the first of the
month  following  the  first  anniversary  of  the  date   of
retirement  if 55 years of age or over at retirement date, or
upon the first day of the month following attainment  of  age
55 if it occurs after the first anniversary of retirement, be
increased  by  1/12  of  3% of the originally granted monthly
pension for each full month year that has elapsed  since  the
pension  began,  and  by  an  additional  3%  in each January
thereafter.
    The  changes  made  to  this  subsection  (d)   by   this
amendatory  Act  of  the  91st  General Assembly apply to all
initial increases that become payable under  this  subsection
on  or  after  January  1,  1999.  All initial increases that
became payable under this subsection on or after  January  1,
1999  and  before  the  effective date of this amendatory Act
shall be recalculated and the additional amount accruing  for
that  period,  if any, shall be payable to the pensioner in a
lump sum.
    (e)  Notwithstanding the provisions  of  subsection  (a),
upon  the  first  day  of  the  month following (1) the first
anniversary of the date of retirement, or (2) the  attainment
of  age 55, or (3) July 1, 1987, whichever occurs latest, the
monthly pension of a firefighter  who  retired  on  or  after
January  1, 1977 and on or before January 1, 1986 and did not
receive an increase under subsection (a) before July 1, 1987,
shall be increased by 3% of the  originally  granted  monthly
pension for each full year that has elapsed since the pension
began,  and  by  an additional 3% in each January thereafter.
The increases provided under this subsection are in  lieu  of
the increases provided in subsection (a).
(Source: P.A. 90-32, eff. 6-27-97.)

    (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2)
    Sec. 4-109.2.  Minimum pension.
    (a)  Beginning  January  1,  1984, the minimum disability
pension granted under Section 4-110  or  4-111,  the  minimum
surviving   spouse's  pension,  and  the  minimum  retirement
pension granted to a firefighter with 20  or  more  years  of
creditable  service,  shall be $300 per month, without regard
to  whether  the  death,  disability  or  retirement  of  the
firefighter occurred prior to that date.
    Beginning July 1, 1987, the  minimum  retirement  pension
payable  to a firefighter with 20 or more years of creditable
service, the minimum disability pension payable under Section
4-110 or 4-111, and the minimum  surviving  spouse's  pension
shall be $400 per month, without regard to whether the death,
retirement or disability of the firefighter occurred prior to
that date.
    Beginning  July  1,  1993, the minimum retirement pension
payable to a firefighter with 20 or more years of  creditable
service  and  the minimum surviving spouse's pension shall be
$475 per month, without regard to whether the firefighter was
in service on or after the effective date of this  amendatory
Act of 1993.
    (b)  Beginning  January  1,  1999, the minimum retirement
pension payable to a firefighter with 20  or  more  years  of
creditable  service,  the  minimum disability pension payable
under Section 4-110,  4-110.1,  or  4-111,  and  the  minimum
surviving  spouse's  pension shall be $600 per month, without
regard to whether the firefighter was in service on or  after
the effective date of this amendatory Act of the 91st General
Assembly.
    In the case of a pensioner whose pension began before the
effective  date  of  this  amendatory  Act  and is subject to
increase under this subsection (b), the  pensioner  shall  be
entitled to a lump sum payment of the amount of that increase
accruing from January 1, 1999 (or the date the pension began,
if later) to the effective date of this amendatory Act.
    (c)  Beginning  January  1,  2000, the minimum retirement
pension payable to a firefighter with 20  or  more  years  of
creditable  service,  the  minimum disability pension payable
under Section 4-110,  4-110.1,  or  4-111,  and  the  minimum
surviving  spouse's  pension shall be $800 per month, without
regard to whether the firefighter was in service on or  after
the effective date of this amendatory Act of the 91st General
Assembly.
    (d)  Beginning  January  1,  2001, the minimum retirement
pension payable to a firefighter with 20  or  more  years  of
creditable  service,  the  minimum disability pension payable
under Section 4-110,  4-110.1,  or  4-111,  and  the  minimum
surviving  spouse's pension shall be $1000 per month, without
regard to whether the firefighter was in service on or  after
the effective date of this amendatory Act of the 91st General
Assembly.
(Source: P.A. 87-1265.)

    (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
    Sec.  4-110.  Disability  pension  -  Line of duty.  If a
firefighter, as the result of sickness,  accident  or  injury
incurred  in  or  resulting from the performance of an act of
duty or from the cumulative  effects  of  acts  of  duty,  is
found,  pursuant  to  Section  4-112,  to  be  physically  or
mentally   permanently  disabled  for  service  in  the  fire
department, so as to render necessary his or her being placed
on disability pension, the firefighter shall be entitled to a
disability pension equal to the greater of  (1)  65%  of  the
monthly salary attached to the rank held by him or her in the
fire  department  at  the  date he or she is removed from the
municipality's fire department payroll or (2) the  retirement
pension  that the firefighter would be eligible to receive if
he or she retired (but not  including  any  automatic  annual
increase in that retirement pension).  A firefighter shall be
considered  "on duty" while on any assignment approved by the
chief of the fire  department,  even  though  away  from  the
municipality  he  or  she  serves  as  a  firefighter, if the
assignment is related to the fire protection service  of  the
municipality.
    Such  firefighter  shall  also  be  entitled to a child's
disability  benefit  of  $20  a  month  on  account  of  each
unmarried child less than 18 years of age and dependent  upon
the   firefighter  for  support,  either  the  issue  of  the
firefighter or legally adopted by  him  or  her.   The  total
amount   of   child's   disability  benefit  payable  to  the
firefighter, when added to his  or  her  disability  pension,
shall  not  exceed  75%  of  the  amount  of salary which the
firefighter was receiving at the date of retirement.
    Benefits payable on account of a child under this Section
shall not be reduced or terminated by reason of  the  child's
attainment of age 18 if he or she is then dependent by reason
of  a  physical or mental disability but shall continue to be
paid as long as such dependency continues.  Individuals  over
the age of 18 and adjudged to be disabled persons pursuant to
Article  XIa  of  the Probate Act of 1975, except for persons
receiving benefits under Article III of the  Illinois  Public
Aid  Code,  shall  be eligible to receive benefits under this
Act.
    If a firefighter dies while still disabled and  receiving
a  disability  pension  under  this  Section,  the disability
pension shall  continue  to  be  paid  to  the  firefighter's
survivors  but  shall, from the date of death, become subject
to the requirements, including limitations  on  amount,  that
are  provided  for pensions to survivors under Section 4-114.
A  pension  previously  granted  under  Section  4-114  to  a
survivor  of  a  firefighter  who  died  while  receiving   a
disability pension under this Section shall be deemed to be a
continuation  of  the pension provided under this Section and
shall be deemed to be in the nature of worker's  compensation
payments.    The   changes  to  this  Section  made  by  this
amendatory Act of 1995 are intended to be retroactive and are
not limited to persons in service on or after  its  effective
date.
(Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)

    (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
    Sec.  4-110.1.  Occupational  disease disability pension.
The  General  Assembly  finds  that  service  in   the   fire
department  requires  firefighters  in  times  of  stress and
danger  to  perform  unusual  tasks;  that  firefighters  are
subject to exposure  to  extreme  heat  or  extreme  cold  in
certain  seasons while performing their duties; that they are
required to work in the midst of and  are  subject  to  heavy
smoke  fumes,  and carcinogenic, poisonous, toxic or chemical
gases from fires; and that these conditions exist  and  arise
out of or in the course of employment.
    An  active firefighter with 5 or more years of creditable
service who is found, pursuant to Section  4-112,  unable  to
perform his or her duties in the fire department by reason of
heart  disease,  stroke,  tuberculosis, or any disease of the
lungs or respiratory  tract,  resulting  from  service  as  a
firefighter,   is   entitled   to   an  occupational  disease
disability pension during any period of such  disability  for
which he or she has no right to receive salary.
    Any  active firefighter who has completed 5 or more years
of service and is unable to perform his or her duties in  the
fire  department  by  reason  of  a  disabling  cancer, which
develops or  manifests  itself  during  a  period  while  the
firefighter  is  in the service of the fire department, shall
be entitled to receive  an  occupational  disease  disability
benefit  during any period of such disability for which he or
she does not have a right to receive  salary.   In  order  to
receive this occupational disease disability benefit, (i) the
type of cancer involved must be a type which may be caused by
exposure  to heat, radiation or a known carcinogen as defined
by the International Agency for Research on Cancer  and  (ii)
the  cancer  must  (and is rebuttably presumed to) arise as a
result of service as a firefighter.
    A firefighter who enters the  service  after  August  27,
1971  shall  be examined by one or more practicing physicians
appointed  by  the  board.  If  the   examination   discloses
impairment  of  the heart, lungs or respiratory tract, or the
existence  of  any  cancer,  the  firefighter  shall  not  be
entitled  to  the  occupational  disease  disability  pension
unless and until a subsequent  examination  reveals  no  such
impairment or cancer.
    The  occupational  disease  disability  pension  shall be
equal to the greater of (1) 65% of the salary attached to the
rank held by the firefighter in the fire service at the  time
of his or her removal from the municipality's fire department
payroll  or  (2)  the retirement pension that the firefighter
would be eligible to receive if he or she  retired  (but  not
including  any  automatic  annual increase in that retirement
pension).
    The firefighter is also entitled to a child's  disability
benefit  of  $20  a month for each natural or legally adopted
unmarried  child  less  than  age  18  dependent   upon   the
firefighter   for  support.   The  total  child's  disability
benefit when added to  the  occupational  disease  disability
pension  shall  not exceed 75% of the firefighter's salary at
the time of the  grant  of  occupational  disease  disability
pension.
    The occupational disease disability pension is payable to
the  firefighter during the period of the disability.  If the
disability ceases before the death of  the  firefighter,  the
disability  pension  payable  under  this  Section shall also
cease and  the  firefighter  thereafter  shall  receive  such
pension  benefits  as  are  provided in accordance with other
provisions of this Article.
    If a firefighter dies while still disabled and  receiving
a  disability  pension  under  this  Section,  the disability
pension shall  continue  to  be  paid  to  the  firefighter's
survivors  but  shall, from the date of death, become subject
to the requirements, including limitations  on  amount,  that
are  provided  for pensions to survivors under Section 4-114.
A  pension  previously  granted  under  Section  4-114  to  a
survivor  of  a  firefighter  who  died  while  receiving   a
disability pension under this Section shall be deemed to be a
continuation  of  the pension provided under this Section and
shall be deemed to be in the nature of worker's  occupational
disease  compensation  payments.  The changes to this Section
made by this amendatory  Act  of  1995  are  intended  to  be
retroactive  and  are not limited to persons in service on or
after its effective date.
    The child's disability benefit  shall  terminate  if  the
disability  ceases while the firefighter is alive or when the
child or children attain age 18  or  marry,  whichever  event
occurs  first,  except  that benefits payable on account of a
child under this Section shall not be reduced  or  terminated
by reason of the child's attainment of age 18 if he or she is
then  dependent  by reason of a physical or mental disability
but shall continue to be paid  as  long  as  such  dependency
continues.   Individuals over the age of 18 and adjudged as a
disabled person pursuant to Article XIa of the Probate Act of
1975, except for persons receiving benefits under Article III
of the Illinois Public Aid Code, shall be eligible to receive
benefits under this Act.
(Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)

    (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
    Sec. 4-114. Pension to survivors.  If a  firefighter  who
is  not receiving a disability pension under Section 4-110 or
4-110.1 dies (1) as a result of any illness or  accident,  or
(2)  from  any cause while in receipt of a disability pension
under this Article, or (3) during retirement after  20  years
service,  or  (4) while vested for or in receipt of a pension
payable under subsection (b) of Section 4-109, or (5) while a
deferred pensioner, having made all required contributions, a
pension shall be paid to his or her survivors, based  on  the
monthly salary attached to the firefighter's rank on the last
day of service in the fire department, as follows:
    (a)  To the surviving spouse, a monthly pension of 40% of
the monthly salary, and to the guardian of any minor child or
children  including  a child which has been conceived but not
yet born, 12% of such monthly  salary  for  each  such  child
until  attainment  of  age  18 or until the child's marriage,
whichever occurs first.  Beginning July 1, 1993, the  monthly
pension  to  the surviving spouse shall be 54% of the monthly
salary for all persons receiving a surviving  spouse  pension
under  this  Article,  regardless  of  whether  the  deceased
firefighter  was in service on or after the effective date of
this amendatory Act of 1993.
    The pension to the surviving spouse  shall  terminate  in
the  event of the surviving spouse's remarriage prior to July
1, 1993; remarriage on or after that date does not affect the
surviving  spouse's  pension,  regardless  of   whether   the
deceased firefighter was in service on or after the effective
date of this amendatory Act of 1993.
    The  surviving  spouse's  pension shall be subject to the
minimum established in Section 4-109.2.
    (b)  Upon the death of the surviving spouse  leaving  one
or  more  minor  children,  to the duly appointed guardian of
each such child, for support and  maintenance  of  each  such
child  until  the  child reaches age 18 or marries, whichever
occurs first, a monthly pension of 20% of the monthly salary.
    (c)  If a deceased firefighter leaves no surviving spouse
or unmarried minor  children  under  age  18,  but  leaves  a
dependent  father  or  mother,  to  each  dependent  parent a
monthly pension of 18% of the monthly salary.  To qualify for
the pension, a dependent  parent  must  furnish  satisfactory
proof that the deceased firefighter was at the time of his or
her death the sole supporter of the parent or that the parent
was the deceased's dependent for federal income tax purposes.
    (d)  The total pension provided under paragraphs (a), (b)
and  (c)  of this Section shall not exceed 75% of the monthly
salary of the deceased  firefighter  (1)  when  paid  to  the
survivor  of  a firefighter who has attained 20 or more years
of service credit and who receives or is eligible to  receive
a  retirement pension under this Article, or (2) when paid to
the survivor of a firefighter who dies as a result of illness
or  accident,  or  (3)  when  paid  to  the  survivor  of   a
firefighter  who  dies  from  any cause while in receipt of a
disability pension under this Article, or (4)  when  paid  to
the   survivor  of  a  deferred  pensioner.   For  all  other
survivors  of  deceased  firefighters,  the   total   pension
provided  under  paragraphs  (a), (b) and (c) of this Section
shall  not  exceed  50%  of  the   retirement   annuity   the
firefighter would have received on the date of death.
    (e)  If  a firefighter leaves no eligible survivors under
paragraphs (a), (b) and (c), the board shall  refund  to  the
firefighter's  estate  the  amount  of his or her accumulated
contributions, less the amount of pension payments,  if  any,
made to the firefighter while living.
    (f)  An   adopted  child  is  eligible  for  the  pension
provided under paragraph (a) if the child was adopted  before
the firefighter attained age 50.
    (g)  If  a  judgment of dissolution of marriage between a
firefighter and spouse is judicially set aside subsequent  to
the firefighter's death, the surviving spouse is eligible for
the  pension  provided  in paragraph (a) only if the judicial
proceedings are filed within 2 years after the  date  of  the
dissolution  of  marriage  and  within  one  year  after  the
firefighter's  death  and  the  board  is made a party to the
proceedings. In such case the pension shall be  payable  only
from the date of the court's order setting aside the judgment
of dissolution of marriage.
    (h)  Benefits  payable  on  account of a child under this
Section shall not be reduced or terminated by reason  of  the
child's  attainment  of age 18 if he or she is then dependent
by reason of  a  physical  or  mental  disability  but  shall
continue  to  be  paid  as long as such dependency continues.
Individuals over the age of 18 and  adjudged  as  a  disabled
person  pursuant  to  Article XIa of the Probate Act of 1975,
except for persons receiving benefits under  Article  III  of
the  Illinois  Public  Aid Code, shall be eligible to receive
benefits under this Act.
    (i)  Beginning  January  1,  2000,  the  pension  of  the
surviving spouse of  a  firefighter  who  dies  on  or  after
January  1, 1994 as a result of sickness, accident, or injury
incurred in or resulting from the performance of  an  act  of
duty or from the cumulative effects of acts of duty shall not
be  less than 100% of the salary attached to the rank held by
the  deceased  firefighter  on  the  last  day  of   service,
notwithstanding subsection (d) or any other provision of this
Article.
(Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)

    (40 ILCS 5/4-118.1) (from Ch. 108 1/2, par. 4-118.1)
    Sec.  4-118.1.  Contributions by firefighters.  Beginning
January  1,  1976  and  until  the  effective  date  of  this
amendatory Act of the 91st General Assembly, each firefighter
shall contribute to the pension fund 6 3/4% of salary towards
the cost of his or her pension.  Beginning on  the  effective
date  of  this  amendatory  Act of the 91st General Assembly,
each firefighter shall contribute to the pension fund  6.955%
of salary towards the cost of his or her pension.
    In  addition, beginning January 1, 1976, each firefighter
shall contribute 1% of salary toward the cost of the increase
in pension provided in Section 4-109.1; beginning January  1,
1987, such contribution shall be 1.5% of salary.
    "Salary"  means  the  annual salary, including longevity,
attached to the firefighter's rank,  as  established  by  the
municipality    appropriation    ordinance,   including   any
compensation for overtime which is included in the salary  so
established, but excluding any "overtime pay", "holiday pay",
"bonus  pay",  "merit  pay",  or  any  other cash benefit not
included in the salary so established.
    The contributions shall be deducted and withheld from the
salary of firefighters.
(Source: P.A. 84-1472.)

    Section 90.  The State Mandates Act is amended by  adding
Section 8.23 as follows:

    (30 ILCS 805/8.23 new)
    Sec.  8.23.  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 91st General Assembly.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

[ Top ]