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91_HB3170
LRB9109811EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 6-111 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 6-111 as follows:
7 (40 ILCS 5/6-111) (from Ch. 108 1/2, par. 6-111)
8 Sec. 6-111. Salary. "Salary": Subject to Section 6-211,
9 the annual salary of a fireman, as follows:
10 (a) For age and service annuity, minimum annuity, and
11 disability benefits, the actual amount of the annual salary,
12 except as otherwise provided in this Article.;
13 (b) For prior service annuity, widow's annuity, widow's
14 prior service annuity and child's annuity to and including
15 August 31, 1957, the amount of the annual salary up to a
16 maximum of $3,000.;
17 (c) Except as otherwise provided in Section 6-141.1, for
18 widow's annuity, beginning September 1, 1957, the amount of
19 annual salary up to a maximum of $6,000.
20 (d) Beginning on the effective date of this amendatory
21 Act of the 91st General Assembly (and for any period prior to
22 that date for which contributions have been paid under
23 subsection (e) of this Section), the salary of a fireman, as
24 calculated for any purpose under this Article, shall include
25 any duty availability pay received by the fireman (i)
26 pursuant to a collective bargaining agreement or (ii)
27 pursuant to an appropriation ordinance in an amount
28 equivalent to the amount of duty availability pay received by
29 other firemen pursuant to a collective bargaining agreement,
30 and references in this Article to the salary attached to or
31 appropriated for the permanent assigned position or
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1 classified career service rank, grade, or position of the
2 fireman shall be deemed to include that duty availability
3 pay.
4 (e) An active or former fireman who received duty
5 availability pay at any time after December 31, 1994 and
6 before the effective date of this amendatory Act of the 91st
7 General Assembly and who either (1) retired during that
8 period or (2) had attained age 46 and at least 16 years of
9 service by the effective date of this amendatory Act may
10 elect to have that duty availability pay included in the
11 calculation of his or her salary for any portion of that
12 period for which the pay was received, by applying in writing
13 and paying to the Fund, no later than December 31, 2002, the
14 corresponding employee contribution, without interest.
15 In the case of an applicant who is receiving an annuity
16 at the time the application and contribution are received by
17 the Fund, the annuity shall be recalculated and the resulting
18 increase shall become payable on the next annuity payment
19 date following the date the contribution is received by the
20 Fund.
21 In the case of an active or former fireman who (i) dies
22 before January 1, 2003 without making an election under this
23 subsection and (ii) was eligible to make an election under
24 this subsection at the time of death (or would have been
25 eligible had the death occurred after the effective date of
26 this amendatory Act), any surviving spouse, child, or parent
27 of the fireman who is eligible to receive a benefit under
28 this Article based on the fireman's salary may make that
29 election and pay the required contribution on behalf of the
30 deceased fireman. If the death occurs within the 30 days
31 immediately preceding January 1, 2003, the deadline for
32 application and payment is extended to January 31, 2003.
33 Any duty availability pay for which the corresponding
34 employee contribution has not been paid shall not be included
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1 in the calculation of salary.
2 (f) The changes to this Section made by this amendatory
3 Act of the 91st General Assembly are not limited to firemen
4 in service on or after the effective date of this amendatory
5 Act.
6 (Source: P.A. 83-1362.)
7 Section 90. The State Mandates Act is amended by adding
8 Section 8.24 as follows:
9 (30 ILCS 805/8.24 new)
10 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
11 and 8 of this Act, no reimbursement by the State is required
12 for the implementation of any mandate created by this
13 amendatory Act of the 91st General Assembly.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.