093_HB0397

 
                                     LRB093 03965 EFG 04004 b

 1        AN ACT in relation to public employee benefits.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Pension  Code  is amended by
 5    changing Section 6-209 as follows:

 6        (40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
 7        Sec. 6-209.  Computation of service.
 8        (A)  In computing the service rendered by a fireman prior
 9    to  the  effective  date,  the  following  periods  shall  be
10    counted, in addition to all periods during which he performed
11    the duties of his position, as periods of service for annuity
12    purposes only:  All periods of (a)  vacation,  (b)  leave  of
13    absence  with whole or part pay, (c) leave of absence without
14    pay which were necessary on account of  disability,  and  (d)
15    leave  of absence during which he was engaged in the military
16    or naval service of the United States  of  America.   Service
17    credit  shall  not  be  allowed for any period during which a
18    fireman was in receipt of pension on  account  of  disability
19    from any pension fund superseded by this fund.
20        (B)  In  computing  the  service rendered by a fireman on
21    and after the effective date, the following periods shall  be
22    counted  in addition to all periods during which he performed
23    the duties of his position, as periods of service for annuity
24    purposes only:  All periods of (a)  vacation,  (b)  leave  of
25    absence  with  whole or part pay, (c) leave of absence during
26    which he was engaged in the military or naval service of  the
27    United  States  of  America,  (d)  disability  for  which  he
28    receives  any disability benefit, (e) disability for which he
29    receives whole or part pay, (f) leave of  absence,  or  other
30    authorized relief from active duty, during which he served as
31    president  of  The  Firemen's  Association  of  Chicago,  (g)
 
                            -2-      LRB093 03965 EFG 04004 b
 1    periods  of suspension from duty not to exceed a total of one
 2    year during the total period of service of the  fireman,  and
 3    (h)  a  period  of  time  not  to  exceed  23 days in 1980 in
 4    accordance with an agreement with the City on a settlement of
 5    strike;  provided   that   the   fireman   elects   to   make
 6    contributions to the Fund for the various annuity and benefit
 7    purposes  according  to  the  provisions  of  this Article as
 8    though he were an  active  fireman,  based  upon  the  salary
 9    attached  to  the  civil service rank held by him during such
10    absence from duty, and if the fireman  so  elects,  the  city
11    shall  make  the prescribed concurrent contributions for such
12    annuity and benefit purposes as provided in this Article, all
13    to the end that such fireman shall be entitled to receive the
14    same annuities and benefits for which he would  otherwise  be
15    eligible  if he had continued as an active fireman during the
16    periods of absence from duty.
17        (C)  In computing service on and after the effective date
18    for ordinary disability benefit,  all  periods  described  in
19    subsection (B) the preceding paragraph, except any period for
20    which  a  fireman receives ordinary disability benefit, shall
21    be counted as periods of service.
22        (D)  In computing service for any of the purposes of this
23    Article, credit shall be  given  for  any  periods  prior  to
24    January  9,  1997,  during  which  an active fireman (or fire
25    paramedic) who is a member of  the  General  Assembly  is  on
26    leave of absence or is otherwise authorized to be absent from
27    duty  to  enable  him  to  perform  his  legislative  duties,
28    notwithstanding  any reduction in salary for such periods and
29    notwithstanding that the contributions paid  by  the  fireman
30    were based on such reduced salary rather than the full amount
31    of salary attached to his civil service rank.
32        (E)  In computing service for any of the purposes of this
33    Article, credit shall be given for up to 24 months of service
34    in  the  armed  forces  of the United States during which the
 
                            -3-      LRB093 03965 EFG 04004 b
 1    fireman was not on leave of  absence  from  employment  under
 2    this  Article.   In  order  to receive creditable service for
 3    military service under this subsection (E),  a  fireman  must
 4    (1)  apply to the Fund in writing and provide evidence of the
 5    military service that is satisfactory to the  Board  and  (2)
 6    make  contributions  to  the  Fund  equal to (i) the employee
 7    contributions that would have been required had  the  service
 8    been rendered as a fireman, plus (ii) an amount determined by
 9    the  Board  to  be equal to the employer's normal cost of the
10    benefits  accrued  for  that  military  service,  plus  (iii)
11    interest on items  (i)  and  (ii)  from  the  date  of  first
12    membership in the Fund following that military service to the
13    date  of  payment.   If  payment  is  made during the 6-month
14    period that begins 3 months after the effective date of  this
15    amendatory  Act  of  the  93rd General Assembly, the required
16    interest shall be at the rate of 2.5%  per  year,  compounded
17    annually;   otherwise,   the   required   interest  shall  be
18    calculated at the rate of 6% per year, compounded annually.
19        (F)  In computing service for any of the purposes of this
20    Article, no credit shall be given for any period during which
21    a fireman was not rendering active  service  because  of  his
22    discharge  from  the  service, unless proceedings to test the
23    legality of the discharge are filed in a court  of  competent
24    jurisdiction within one year from the date of discharge and a
25    final  judgment  is  entered  therein declaring the discharge
26    illegal.
27        No  overtime  or  extra  service  shall  be  included  in
28    computing service of a fireman and not more than one year  or
29    a  proper fractional part thereof of service shall be allowed
30    for service rendered during any calendar year.
31    (Source: P.A. 86-273; 86-1488; 87-1265.)

32        Section 90.  The State Mandates Act is amended by  adding
33    Section 8.27 as follows:
 
                            -4-      LRB093 03965 EFG 04004 b
 1        (30 ILCS 805/8.27 new)
 2        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
 3    and 8 of this Act, no reimbursement by the State is  required
 4    for  the  implementation  of  any  mandate  created  by  this
 5    amendatory Act of the 93rd General Assembly.

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