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Full Text of SB0167  102nd General Assembly

SB0167sam001 102ND GENERAL ASSEMBLY

Sen. Laura Ellman

Filed: 3/23/2021

 

 


 

 


 
10200SB0167sam001LRB102 10002 RPS 23745 a

1
AMENDMENT TO SENATE BILL 167

2    AMENDMENT NO. ______. Amend Senate Bill 167 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 4-109.3 as follows:
 
6    (40 ILCS 5/4-109.3)
7    Sec. 4-109.3. Employee creditable service.
8    (a) As used in this Section:
9    "Final monthly salary" means the monthly salary attached
10to the rank held by the firefighter at the time of his or her
11last withdrawal from service under a particular pension fund.
12    "Last pension fund" means the pension fund in which the
13firefighter was participating at the time of his or her last
14withdrawal from service.
15    (b) The benefits provided under this Section are available
16only to a firefighter who:

 

 

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1        (1) is a firefighter at the time of withdrawal from
2    the last pension fund and for at least the final 3 years of
3    employment prior to that withdrawal;
4        (2) has established service credit with at least one
5    pension fund established under this Article other than the
6    last pension fund;
7        (3) has a total of at least 20 years of service under
8    the various pension funds established under this Article
9    and has attained age 50; and
10        (4) is in service on or after the effective date of
11    this amendatory Act of the 93rd General Assembly.
12    (c) A firefighter who is eligible for benefits under this
13Section may elect to receive a retirement pension from each
14pension fund under this Article in which the firefighter has
15at least one year of service credit but has not received a
16refund under Section 4-116 (unless the firefighter repays that
17refund under subsection (g)) or subsection (c) of Section
184-118.1, by applying in writing and paying the contribution
19required under subsection (i).
20    (d) From each such pension fund other than the last
21pension fund, in lieu of any retirement pension otherwise
22payable under this Article, a firefighter to whom this Section
23applies may elect to receive a monthly pension of 1/12th of
242.5% of his or her final monthly salary under that fund for
25each month of service in that fund, subject to a maximum of 75%
26of that final monthly salary.

 

 

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1    (e) From the last pension fund, in lieu of any retirement
2pension otherwise payable under this Article, a firefighter to
3whom this Section applies may elect to receive a monthly
4pension calculated as follows:
5    The last pension fund shall calculate the retirement
6pension that would be payable to the firefighter under
7subsection (a) of Section 4-109 as if he or she had
8participated in that last pension fund during his or her
9entire period of service under all pension funds established
10under this Article (excluding any period of service for which
11the firefighter has received a refund under Section 4-116,
12unless the firefighter repays that refund under subsection
13(g), or for which the firefighter has received a refund under
14subsection (c) of Section 4-118.1). From this hypothetical
15pension there shall be subtracted the original amounts of the
16retirement pensions payable to the firefighter by all other
17pension funds under subsection (d). The remainder is the
18retirement pension payable to the firefighter by the last
19pension fund under this subsection (e).
20    (f) Pensions elected under this Section shall be subject
21to increases as provided in subsection (d) of Section 4-109.1.
22    (g) A current firefighter may reinstate creditable service
23in a pension fund established under this Article that was
24terminated upon receipt of a refund, by payment to that
25pension fund of the amount of the refund together with
26interest thereon at the rate of 6% per year, compounded

 

 

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1annually, from the date of the refund to the date of payment. A
2repayment of a refund under this Section may be made in equal
3installments over a period of up to 10 years, but must be paid
4in full prior to retirement.
5    (h) As a condition of being eligible for the benefits
6provided in this Section, a person who is hired to a position
7as a firefighter on or after July 1, 2004 must, within 21
8months after being hired, notify the new employer, all of his
9or her previous employers under this Article, and the Public
10Pension Division of the Division of Insurance of the
11Department of Financial and Professional Regulation of his or
12her intent to receive the benefits provided under this
13Section.
14    As a condition of being eligible for the benefits provided
15in this Section, a person who first becomes a firefighter
16under this Article after December 31, 2010 must (1) within 21
17months after being hired or within 21 months after the
18effective date of this amendatory Act of the 102nd General
19Assembly, whichever is later, notify the new employer, all of
20his or her previous employers under this Article, and the
21Public Pension Division of the Department of Insurance of his
22or her intent to receive the benefits provided under this
23Section; and (2) make the required contributions with
24applicable interest. A person who first becomes a firefighter
25under this Article after December 31, 2010 and who, before the
26effective date of this amendatory Act of the 102nd General

 

 

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1Assembly, notified the new employer, all of his or her
2previous employers under this Article, and the Public Pension
3Division of the Department of Insurance of his or her intent to
4receive the benefits provided under this Section shall be
5deemed to have met the notice requirement under item (1) of the
6preceding sentence. The changes made to this Section by this
7amendatory Act of the 102nd General Assembly apply
8retroactively, notwithstanding Section 1-103.1.
9    (i) In order to receive a pension under this Section or an
10occupational disease disability pension for which he or she
11becomes eligible due to the application of subsection (m) of
12this Section, a firefighter must pay to each pension fund from
13which he or she has elected to receive a pension under this
14Section a contribution equal to 1% of monthly salary for each
15month of service credit that the firefighter has in that fund
16(other than service credit for which the firefighter has
17already paid the additional contribution required under
18subsection (c) of Section 4-118.1), together with interest
19thereon at the rate of 6% per annum, compounded annually, from
20the firefighter's first day of employment with that fund or
21the first day of the fiscal year of that fund that immediately
22precedes the firefighter's first day of employment with that
23fund, whichever is earlier.
24    In order for a firefighter who, as of the effective date of
25this amendatory Act of the 93rd General Assembly, has not
26begun to receive a pension under this Section or an

 

 

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1occupational disease disability pension under subsection (m)
2of this Section and who has contributed 1/12th of 1% of monthly
3salary for each month of service credit that the firefighter
4has in that fund (other than service credit for which the
5firefighter has already paid the additional contribution
6required under subsection (c) of Section 4-118.1), together
7with the required interest thereon, to receive a pension under
8this Section or an occupational disease disability pension for
9which he or she becomes eligible due to the application of
10subsection (m) of this Section, the firefighter must, within
11one year after the effective date of this amendatory Act of the
1293rd General Assembly, make an additional contribution equal
13to 11/12ths of 1% of monthly salary for each month of service
14credit that the firefighter has in that fund (other than
15service credit for which the firefighter has already paid the
16additional contribution required under subsection (c) of
17Section 4-118.1), together with interest thereon at the rate
18of 6% per annum, compounded annually, from the firefighter's
19first day of employment with that fund or the first day of the
20fiscal year of that fund that immediately precedes the
21firefighter's first day of employment with the fund, whichever
22is earlier. A firefighter who, as of the effective date of this
23amendatory Act of the 93rd General Assembly, has not begun to
24receive a pension under this Section or an occupational
25disease disability pension under subsection (m) of this
26Section and who has contributed 1/12th of 1% of monthly salary

 

 

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1for each month of service credit that the firefighter has in
2that fund (other than service credit for which the firefighter
3has already paid the additional contribution required under
4subsection (c) of Section 4-118.1), together with the required
5interest thereon, in order to receive a pension under this
6Section or an occupational disease disability pension under
7subsection (m) of this Section, may elect, within one year
8after the effective date of this amendatory Act of the 93rd
9General Assembly to forfeit the benefits provided under this
10Section and receive a refund of that contribution.
11    (j) A retired firefighter who is receiving pension
12payments under Section 4-109 may reenter active service under
13this Article. Subject to the provisions of Section 4-117, the
14firefighter may receive credit for service performed after the
15reentry if the firefighter (1) applies to receive credit for
16that service, (2) suspends his or her pensions under this
17Section, and (3) makes the contributions required under
18subsection (i).
19    (k) A firefighter who is newly hired or promoted to a
20position as a firefighter shall not be denied participation in
21a fund under this Article based on his or her age.
22    (l) If a firefighter who elects to make contributions
23under subsection (c) of Section 4-118.1 for the pension
24benefits provided under this Section becomes entitled to a
25disability pension under Section 4-110, the last pension fund
26is responsible to pay that disability pension and the amount

 

 

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1of that disability pension shall be based only on the
2firefighter's service with the last pension fund.
3    (m) Notwithstanding any provision in Section 4-110.1 to
4the contrary, if a firefighter who elects to make
5contributions under subsection (c) of Section 4-118.1 for the
6pension benefits provided under this Section becomes entitled
7to an occupational disease disability pension under Section
84-110.1, each pension fund to which the firefighter has made
9contributions under subsection (c) of Section 4-118.1 must pay
10a portion of that occupational disease disability pension
11equal to the proportion that the firefighter's service credit
12with that pension fund for which the contributions under
13subsection (c) of Section 4-118.1 have been made bears to the
14firefighter's total service credit with all of the pension
15funds for which the contributions under subsection (c) of
16Section 4-118.1 have been made. A firefighter who has made
17contributions under subsection (c) of Section 4-118.1 for at
18least 5 years of creditable service shall be deemed to have met
19the 5-year creditable service requirement under Section
204-110.1, regardless of whether the firefighter has 5 years of
21creditable service with the last pension fund.
22    (n) If a firefighter who elects to make contributions
23under subsection (c) of Section 4-118.1 for the pension
24benefits provided under this Section becomes entitled to a
25disability pension under Section 4-111, the last pension fund
26is responsible to pay that disability pension, provided that

 

 

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1the firefighter has at least 7 years of creditable service
2with the last pension fund. In the event a firefighter began
3employment with a new employer as a result of an
4intergovernmental agreement that resulted in the elimination
5of the previous employer's fire department, the firefighter
6shall not be required to have 7 years of creditable service
7with the last pension fund to qualify for a disability pension
8under Section 4-111. Under this circumstance, a firefighter
9shall be required to have 7 years of total combined creditable
10service time to qualify for a disability pension under Section
114-111. The disability pension received pursuant to this
12Section shall be paid by the previous employer and new
13employer in proportion to the firefighter's years of service
14with each employer.
15(Source: P.A. 95-1032, eff. 2-17-09; 95-1036, eff. 2-17-09.)
 
16    Section 90. The State Mandates Act is amended by adding
17Section 8.45 as follows:
 
18    (30 ILCS 805/8.45 new)
19    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
208 of this Act, no reimbursement by the State is required for
21the implementation of any mandate created by this amendatory
22Act of the 102nd General Assembly.
 
23    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".