99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5936

 

Introduced , by Rep. Grant Wehrli

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-124.1  from Ch. 108 1/2, par. 3-124.1
40 ILCS 5/4-117  from Ch. 108 1/2, par. 4-117

    Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Provides that if a person who is receiving a pension re-enters active service with the same municipality, including a police chief who elects to participate in the Illinois Municipal Retirement Fund, or becomes a full-time employee in the same municipality, his or her pension payment shall be suspended while he or she is in active service or is employed by that municipality. In the Downstate Firefighter Article, provides that if the firefighter again retires and was in active service for 5 or more years (instead of 3 or more years), his or her monthly pension shall be based on the salary attached to the firefighter's rank at the date of last retirement. Effective immediately.


LRB099 16155 RPS 40481 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5936LRB099 16155 RPS 40481 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
5Sections 3-124.1 and 4-117 as follows:
 
6    (40 ILCS 5/3-124.1)  (from Ch. 108 1/2, par. 3-124.1)
7    Sec. 3-124.1. Re-entry into active service. If a police
8officer who is receiving pension payments other than as
9provided in Section 3-109.3 re-enters active service in the
10same municipality, including under the provisions of
11subsection (a) of Section 3-109.1, or becomes a full-time
12employee in the same municipality, pension payment shall be
13suspended while he or she is in service or is employed by that
14municipality. When he or she again retires, pension payments
15shall be resumed. If the police officer remains in service
16after re-entry for a period of less than 5 years, the pension
17shall be the same as upon first retirement. If the officer's
18service after re-entry is at least 5 years and the officer
19makes the required contributions during the period of re-entry,
20his or her pension shall be recomputed by taking into account
21the additional period of service and salary.
22(Source: P.A. 91-939, eff. 2-1-01.)
 

 

 

HB5936- 2 -LRB099 16155 RPS 40481 b

1    (40 ILCS 5/4-117)  (from Ch. 108 1/2, par. 4-117)
2    Sec. 4-117. Reentry into active service. (a) If a
3firefighter receiving pension payments reenters active service
4in the same municipality or becomes a full-time employee in the
5same municipality, pension payments shall be suspended while he
6or she is in service or is employed by that municipality. If
7the firefighter again retires or is discharged, his or her
8monthly pension shall be resumed in the same amount as was paid
9upon first retirement or discharge unless he or she remained in
10active service 5 3 or more years after re-entry in which case
11the monthly pension shall be based on the salary attached to
12the firefighter's rank at the date of last retirement.
13    (b) If a deferred pensioner re-enters active service, and
14again retires or is discharged from the fire service, his or
15her pension shall be based on the salary attached to the rank
16held in the fire service at the date of earlier retirement,
17unless the firefighter remains in active service for 5 3 or
18more years after re-entry, in which case the monthly pension
19shall be based on the salary attached to the firefighter's rank
20at the date of last retirement.
21    (c) If a pensioner or deferred pensioner re-enters or is
22recalled to active service and is thereafter injured, and the
23injury is not related to an injury for which he or she was
24previously receiving a disability pension, the 5-year 3 year
25service requirement shall not apply in order for the
26firefighter to qualify for the increased pension based on the

 

 

HB5936- 3 -LRB099 16155 RPS 40481 b

1rate of pay at the time of the new injury.
2(Source: P.A. 83-1440.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.