Full Text of HB1924 95th General Assembly
HB1924 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1924
Introduced 2/23/2007, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/4-108 |
from Ch. 108 1/2, par. 4-108 |
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Amends the Downstate Firefighter Article of the Illinois Pension Code. Allows a firefighter to establish creditable service for up to 3 years of service as an on-call firefighter at the rate of one year of creditable service for each 5 years of time spent as an on-call firefighter for a municipality, township, or fire district. Requires the employing municipality to consent to the establishment of the creditable service and the payment of employee contributions. Provides that "on-call firefighter" includes any firefighter, whether or not he or she is compensated, who is not qualified to participate in a pension fund established under the Code in that capacity. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1924 |
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LRB095 07065 AMC 27190 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 4-108 as follows:
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| (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
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| Sec. 4-108. Creditable service.
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| (a) Creditable service is the time served as a firefighter | 9 |
| of a
municipality. In computing creditable service, furloughs | 10 |
| and leaves of
absence without pay exceeding 30 days in any one | 11 |
| year shall not be counted,
but leaves of absence for illness or | 12 |
| accident regardless of length, and
periods of disability for | 13 |
| which a firefighter received no disability
pension payments | 14 |
| under this Article, shall be counted.
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| (b) Furloughs and leaves of absence of 30 days or less in | 16 |
| any one year may
be counted as creditable service, if the | 17 |
| firefighter makes the contribution
to the fund that would have | 18 |
| been required had he or she not been
on furlough or leave of | 19 |
| absence. To qualify for this creditable service,
the | 20 |
| firefighter must pay the required contributions to the fund not | 21 |
| more
than 90 days subsequent to the termination of the furlough | 22 |
| or leave of
absence, to the extent that the municipality has | 23 |
| not made such contribution
on his or her behalf.
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HB1924 |
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LRB095 07065 AMC 27190 b |
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| (c) Creditable service includes:
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| (1) Service in the military, naval or air forces of the
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| United States entered upon when the person was an active
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| firefighter, provided
that, upon applying for a permanent | 5 |
| pension, and in accordance with the
rules of the board the | 6 |
| firefighter pays into the fund the amount that would
have | 7 |
| been contributed had he or she been a regular contributor | 8 |
| during such
period of service, if and to the extent that | 9 |
| the municipality which the
firefighter served made no such | 10 |
| contributions in his or her behalf. The
total amount of | 11 |
| such creditable service shall not exceed 5 years, except
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| that any firefighter who on July 1, 1973 had more than 5 | 13 |
| years of such
creditable service shall receive the total | 14 |
| amount thereof as of that date.
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| (2) Service prior to July 1, 1976 by a firefighter | 16 |
| initially excluded
from participation by reason of age who | 17 |
| elected to participate and paid
the required contributions | 18 |
| for such service.
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| (3) Up to 8 years of service by a firefighter as an | 20 |
| officer in a statewide
firefighters' association when he is | 21 |
| on a leave of absence from a
municipality's payroll, | 22 |
| provided that (i) the firefighter has at least 10
years of | 23 |
| creditable service as an active firefighter, (ii) the | 24 |
| firefighter
contributes to the fund the amount that he | 25 |
| would have contributed had he
remained an active member of | 26 |
| the fund, and (iii) the employee or statewide
firefighter |
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HB1924 |
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LRB095 07065 AMC 27190 b |
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| association contributes to the fund an amount equal to the
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| employer's required contribution as determined by the | 3 |
| board.
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| (4) Time spent as an on-call firefighter
fireman for a | 5 |
| municipality,
township, or fire district calculated at the | 6 |
| rate of one year of creditable service for each 5 years
of | 7 |
| time spent as an on-call firefighter
fireman , provided that | 8 |
| (i) the firefighter has
at least 5
18 years of creditable | 9 |
| service as an active firefighter, (ii) the
firefighter | 10 |
| spent at least 5
14 years as an on-call firefighter for a
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| the
municipality, township, or fire district, (iii) the | 12 |
| employing municipality consents to the purchase of | 13 |
| additional creditable service,
the firefighter applies for | 14 |
| such creditable service
within 30 days after the effective | 15 |
| date of this amendatory Act of 1989,
(iv) the firefighter | 16 |
| contributes to the Fund an amount representing
employee | 17 |
| contributions for the number of years of creditable service
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| granted under this subdivision (4), based on the salary and | 19 |
| contribution
rate in effect for the firefighter at the date | 20 |
| of entry into the Fund, to
be determined by the board, and | 21 |
| (v) not more than 3 years of creditable
service may be | 22 |
| granted under this subdivision (4). As used in this | 23 |
| subdivision (4), "on-call firefighter" includes any | 24 |
| firefighter, whether or not he or she is compensated, who | 25 |
| is not qualified to participate in a pension fund | 26 |
| established under this Code in that capacity.
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LRB095 07065 AMC 27190 b |
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| Except as provided in Section 4-108.5, creditable | 2 |
| service shall not
include time
spent as a volunteer | 3 |
| firefighter, whether or not any compensation was received
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| therefor. The change made in this Section by Public Act | 5 |
| 83-0463 is intended
to be a restatement and clarification | 6 |
| of existing law, and does not imply
that creditable service | 7 |
| was previously allowed under this Article for time
spent as | 8 |
| a volunteer firefighter.
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| (5) Time served between July 1, 1976 and July 1, 1988 | 10 |
| in
the position of protective inspection officer or | 11 |
| administrative assistant
for fire services, for a | 12 |
| municipality with a population under 10,000 that is
located | 13 |
| in a county with a population over 3,000,000 and that | 14 |
| maintains a
firefighters' pension fund under this Article, | 15 |
| if the position included
firefighting duties, | 16 |
| notwithstanding that the person may not have held an
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| appointment as a firefighter, provided that application is | 18 |
| made to the
pension fund within 30 days after the effective | 19 |
| date of this amendatory Act
of 1991, and the corresponding | 20 |
| contributions are paid for the number of
years of service | 21 |
| granted, based upon the salary and contribution rate in
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| effect for the firefighter at the date of entry into the | 23 |
| pension fund, as
determined by the Board.
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| (6) Service before becoming a participant by a | 25 |
| firefighter initially
excluded from participation by | 26 |
| reason of age who becomes a participant
under the amendment |
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LRB095 07065 AMC 27190 b |
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| to Section 4-107 made by this amendatory Act of 1993 and
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| pays the required contributions for such service.
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| (7) Up to 3 years of time during which the firefighter | 4 |
| receives a
disability pension under Section 4-110, | 5 |
| 4-110.1, or 4-111, provided that (i)
the firefighter | 6 |
| returns to active service after the disability for a period | 7 |
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least equal to the period for which credit is to be | 8 |
| established and (ii) the
firefighter makes contributions | 9 |
| to the fund based on the rates specified in
Section 4-118.1 | 10 |
| and the salary upon which the disability pension is based.
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| These contributions may be paid at any time prior to the | 12 |
| commencement of a
retirement pension. The firefighter may, | 13 |
| but need not, elect to have the
contributions deducted from | 14 |
| the disability pension or to pay them in
installments on a | 15 |
| schedule approved by the board. If not deducted from the
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| disability pension, the contributions
shall include | 17 |
| interest at the rate of 6% per year, compounded annually, | 18 |
| from
the date for which service credit is being established | 19 |
| to the date of payment.
If contributions are paid under | 20 |
| this subdivision (c)(7) in excess of those
needed to | 21 |
| establish the credit, the excess shall be refunded. This
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| subdivision (c)(7) applies to persons receiving a | 23 |
| disability pension under
Section 4-110, 4-110.1, or 4-111 | 24 |
| on the effective date of this amendatory Act
of the 91st | 25 |
| General Assembly, as well as persons who begin to receive | 26 |
| such a
disability pension after that date.
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HB1924 |
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LRB095 07065 AMC 27190 b |
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| (Source: P.A. 94-856, eff. 6-15-06.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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