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91_SB0856enr SB856 Enrolled LRB9105995EGfg 1 AN ACT to amend the Illinois Pension Code and the State 2 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 Sections 4-108, 4-109, 4-109.1, 4-109.2, 4-110, 7 4-110.1, 4-114, and 4-118.1 and adding Section 3-113.1 as 8 follows: 9 (40 ILCS 5/3-113.1 new) 10 Sec. 3-113.1. Minimum retirement, survivor, and 11 disability pensions. 12 (a) Beginning January 1, 1999, the minimum retirement 13 pension payable to a police officer with 20 or more years of 14 creditable service, the minimum disability pension payable 15 under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum 16 surviving spouse's pension shall be $600 per month, without 17 regard to whether the police officer was in service on or 18 after the effective date of this amendatory Act of the 91st 19 General Assembly. 20 In the case of a pensioner whose pension began before the 21 effective date of this amendatory Act and is subject to 22 increase under this subsection (a), the pensioner shall be 23 entitled to a lump sum payment of the amount of that increase 24 accruing from January 1, 1999 (or the date the pension began, 25 if later) to the effective date of this amendatory Act. 26 (b) Beginning January 1, 2000, the minimum retirement 27 pension payable to a police officer with 20 or more years of 28 creditable service, the minimum disability pension payable 29 under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum 30 surviving spouse's pension shall be $800 per month, without 31 regard to whether the police officer was in service on or SB856 Enrolled -2- LRB9105995EGfg 1 after the effective date of this amendatory Act of the 91st 2 General Assembly. 3 (c) Beginning January 1, 2001, the minimum retirement 4 pension payable to a police officer with 20 or more years of 5 creditable service, the minimum disability pension payable 6 under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum 7 surviving spouse's pension shall be $1000 per month, without 8 regard to whether the police officer was in service on or 9 after the effective date of this amendatory Act of the 91st 10 General Assembly. 11 (d) This Section does not grant a pension to any 12 surviving spouse who is not otherwise eligible to receive a 13 pension under this Article. 14 (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108) 15 Sec. 4-108. Creditable service. 16 (a) Creditable service is the time served as a 17 firefighter of a municipality. In computing creditable 18 service, furloughs and leaves of absence without pay 19 exceeding 30 days in any one year shall not be counted, but 20 leaves of absence for illness or accident regardless of 21 length, and periods of disability for which a firefighter 22 received no disability pension payments under this Article, 23 shall be counted. 24 (b) Furloughs and leaves of absence of 30 days or less 25 in any one year may be counted as creditable service, if the 26 firefighter makes the contribution to the fund that would 27 have been required had he or she not been on furlough or 28 leave of absence. To qualify for this creditable service, 29 the firefighter must pay the required contributions to the 30 fund not more than 90 days subsequent to the termination of 31 the furlough or leave of absence, to the extent that the 32 municipality has not made such contribution on his or her 33 behalf. SB856 Enrolled -3- LRB9105995EGfg 1 (c) Creditable service includes: 2 (1) Service in the military, naval or air forces of 3 the United States entered upon when the person was an 4 active firefighter, provided that, upon applying for a 5 permanent pension, and in accordance with the rules of 6 the board the firefighter pays into the fund the amount 7 that would have been contributed had he or she been a 8 regular contributor during such period of service, if and 9 to the extent that the municipality which the firefighter 10 served made no such contributions in his or her behalf. 11 The total amount of such creditable service shall not 12 exceed 5 years, except that any firefighter who on July 13 1, 1973 had more than 5 years of such creditable service 14 shall receive the total amount thereof as of that date. 15 (2) Service prior to July 1, 1976 by a firefighter 16 initially excluded from participation by reason of age 17 who elected to participate and paid the required 18 contributions for such service. 19 (3) Up to 8 years of service by a firefighter as an 20 officer in a statewide firefighters' association when he 21 is on a leave of absence from a municipality's payroll, 22 provided that (i) the firefighter has at least 10 years 23 of 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 26 of the fund, and (iii) the employee or statewide 27 firefighter association contributes to the fund an amount 28 equal to the employer's required contribution as 29 determined by the board. 30 (4) Time spent as an on-call fireman for a 31 municipality, calculated at the rate of one year of 32 creditable service for each 5 years of time spent as an 33 on-call fireman, provided that (i) the firefighter has at 34 least 18 years of creditable service as an active SB856 Enrolled -4- LRB9105995EGfg 1 firefighter, (ii) the firefighter spent at least 14 years 2 as an on-call firefighter for the municipality, (iii) the 3 firefighter applies for such creditable service within 30 4 days after the effective date of this amendatory Act of 5 1989, (iv) the firefighter contributes to the Fund an 6 amount representing employee contributions for the number 7 of years of creditable service granted under this 8 subdivision (4), based on the salary and contribution 9 rate in effect for the firefighter at the date of entry 10 into the Fund, to be determined by the board, and (v) not 11 more than 3 years of creditable service may be granted 12 under this subdivision (4). 13 Creditable service shall not under any other 14 circumstances include time spent as a volunteer 15 firefighter, whether or not any compensation was received 16 therefor. The change made in this Section by Public Act 17 83-0463 is intended to be a restatement and clarification 18 of existing law, and does not imply that creditable 19 service was previously allowed under this Article for 20 time spent as a volunteer firefighter. 21 (5) Time served between July 1, 1976 and July 1, 22 1988 in the position of protective inspection officer or 23 administrative assistant for fire services, for a 24 municipality with a population under 10,000 that is 25 located in a county with a population over 3,000,000 and 26 that maintains a firefighters' pension fund under this 27 Article, if the position included firefighting duties, 28 notwithstanding that the person may not have held an 29 appointment as a firefighter, provided that application 30 is made to the pension fund within 30 days after the 31 effective date of this amendatory Act of 1991, and the 32 corresponding contributions are paid for the number of 33 years of service granted, based upon the salary and 34 contribution rate in effect for the firefighter at the SB856 Enrolled -5- LRB9105995EGfg 1 date of entry into the pension fund, as determined by the 2 Board. 3 (6) Service before becoming a participant by a 4 firefighter initially excluded from participation by 5 reason of age who becomes a participant under the 6 amendment to Section 4-107 made by this amendatory Act of 7 1993 and pays the required contributions for such 8 service. 9 (7) Up to 3 years of time during which the 10 firefighter receives a disability pension under Section 11 4-110, 4-110.1, or 4-111, provided that (i) the 12 firefighter returns to active service after the 13 disability for a period at least equal to the period for 14 which credit is to be established and (ii) the 15 firefighter makes contributions to the fund based on the 16 rates specified in Section 4-118.1 and the salary upon 17 which the disability pension is based. These 18 contributions may be paid at any time prior to the 19 commencement of a retirement pension. The firefighter 20 may, but need not, elect to have the contributions 21 deducted from the disability pension or to pay them in 22 installments on a schedule approved by the board. If not 23 deducted from the disability pension, the contributions 24 shall include interest at the rate of 6% per year, 25 compounded annually, from the date for which service 26 credit is being established to the date of payment. If 27 contributions are paid under this subdivision (c)(7) in 28 excess of those needed to establish the credit, the 29 excess shall be refunded. This subdivision (c)(7) 30 applies to persons receiving a disability pension under 31 Section 4-110, 4-110.1, or 4-111 on the effective date of 32 this amendatory Act of the 91st General Assembly, as well 33 as persons who begin to receive such a disability pension 34 after that date. SB856 Enrolled -6- LRB9105995EGfg 1 (Source: P.A. 89-52, eff. 6-30-95.) 2 (40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109) 3 Sec. 4-109. Pension. 4 (a) A firefighter age 50 or more with 20 or more years 5 of creditable service, who is no longer in service as a 6 firefighter, shall receive a monthly pension of 1/2 the 7 monthly salary attached to the rank held by him or her in the 8 fire service at the date of retirement. 9 The monthly pension shall be increased by 1/12 of 2.5%2%10of such monthly salary for each additional month over 20 11 years of service through 30 years ofservice and 1/12 of 1%12of such monthly salary for each additional month over 3013years ofservice, to a maximum of 75% of such monthly salary. 14 The changes made to this subsection (a) by this 15 amendatory Act of the 91st General Assembly apply to all 16 pensions that become payable under this subsection on or 17 after January 1, 1999. All pensions payable under this 18 subsection that began on or after January 1, 1999 and before 19 the effective date of this amendatory Act shall be 20 recalculated, and the amount of the increase accruing for 21 that period shall be payable to the pensioner in a lump sum. 22 (b) A firefighter who retires or is separated from 23 service having at least 10 but less than 20 years of 24 creditable service, who is not entitled to receive a 25 disability pension, and who did not apply for a refund of 26 contributions at his or her last separation from service 27 shall receive a monthly pension upon attainment of age 60 28 based on the monthly salary attached to his or her rank in 29 the fire service on the date of retirement or separation from 30 service according to the following schedule: 31 For 10 years of service, 15% of salary; 32 For 11 years of service, 17.6% of salary; 33 For 12 years of service, 20.4% of salary; SB856 Enrolled -7- LRB9105995EGfg 1 For 13 years of service, 23.4% of salary; 2 For 14 years of service, 26.6% of salary; 3 For 15 years of service, 30% of salary; 4 For 16 years of service, 33.6% of salary; 5 For 17 years of service, 37.4% of salary; 6 For 18 years of service, 41.4% of salary; 7 For 19 years of service, 45.6% of salary. 8 (Source: P.A. 83-1440.) 9 (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1) 10 Sec. 4-109.1. Increase in pension. 11 (a) Except as provided in subsection (e), the monthly 12 pension of a firefighter who retires after July 1, 1971 and 13 prior to January 1, 1986, shall, upon either the first of the 14 month following the first anniversary of the date of 15 retirement if 60 years of age or over at retirement date, or 16 upon the first day of the month following attainment of age 17 60 if it occurs after the first anniversary of retirement, be 18 increased by 2% of the originally granted monthly pension and 19 by an additional 2% in each January thereafter. Effective 20 January 1976, the rate of the annual increase shall be 3% of 21 the originally granted monthly pension. 22 (b) The monthly pension of a firefighter who retired 23 from service with 20 or more years of service, on or before 24 July 1, 1971, shall be increased, in January of the year 25 following the year of attaining age 65 or in January 1972, if 26 then over age 65, by 2% of the originally granted monthly 27 pension, for each year the firefighter received pension 28 payments. In each January thereafter, he or she shall 29 receive an additional increase of 2% of the original monthly 30 pension. Effective January 1976, the rate of the annual 31 increase shall be 3%. 32 (c) The monthly pension of a firefighter who is 33 receiving a disability pension under this Article shall be SB856 Enrolled -8- LRB9105995EGfg 1 increased, in January of the year following the year the 2 firefighter attains age 60, or in January 1974, if then over 3 age 60, by 2% of the originally granted monthly pension for 4 each year he or she received pension payments. In each 5 January thereafter, the firefighter shall receive an 6 additional increase of 2% of the original monthly pension. 7 Effective January 1976, the rate of the annual increase shall 8 be 3%. 9 (c-1) On January 1, 1998, every child's disability 10 benefit payable on that date under Section 4-110 or 4-110.1 11 shall be increased by an amount equal to 1/12 of 3% of the 12 amount of the benefit, multiplied by the number of months for 13 which the benefit has been payable. On each January 1 14 thereafter, every child's disability benefit payable under 15 Section 4-110 or 4-110.1 shall be increased by 3% of the 16 amount of the benefit then being paid, including any previous 17 increases received under this Article. These increases are 18 not subject to any limitation on the maximum benefit amount 19 included in Section 4-110 or 4-110.1. 20 (d) The monthly pension of a firefighter who retires 21 after January 1, 1986, shall, upon either the first of the 22 month following the first anniversary of the date of 23 retirement if 55 years of age or overat retirement date, or 24 upon the first day of the month following attainment of age 25 55 if it occurs after the first anniversary of retirement, be 26 increased by 1/12 of 3% of the originally granted monthly 27 pension for each full monthyearthat has elapsed since the 28 pension began, and by an additional 3% in each January 29 thereafter. 30 The changes made to this subsection (d) by this 31 amendatory Act of the 91st General Assembly apply to all 32 initial increases that become payable under this subsection 33 on or after January 1, 1999. All initial increases that 34 became payable under this subsection on or after January 1, SB856 Enrolled -9- LRB9105995EGfg 1 1999 and before the effective date of this amendatory Act 2 shall be recalculated and the additional amount accruing for 3 that period, if any, shall be payable to the pensioner in a 4 lump sum. 5 (e) Notwithstanding the provisions of subsection (a), 6 upon the first day of the month following (1) the first 7 anniversary of the date of retirement, or (2) the attainment 8 of age 55, or (3) July 1, 1987, whichever occurs latest, the 9 monthly pension of a firefighter who retired on or after 10 January 1, 1977 and on or before January 1, 1986 and did not 11 receive an increase under subsection (a) before July 1, 1987, 12 shall be increased by 3% of the originally granted monthly 13 pension for each full year that has elapsed since the pension 14 began, and by an additional 3% in each January thereafter. 15 The increases provided under this subsection are in lieu of 16 the increases provided in subsection (a). 17 (Source: P.A. 90-32, eff. 6-27-97.) 18 (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2) 19 Sec. 4-109.2. Minimum pension. 20 (a) Beginning January 1, 1984, the minimum disability 21 pension granted under Section 4-110 or 4-111, the minimum 22 surviving spouse's pension, and the minimum retirement 23 pension granted to a firefighter with 20 or more years of 24 creditable service, shall be $300 per month, without regard 25 to whether the death, disability or retirement of the 26 firefighter occurred prior to that date. 27 Beginning July 1, 1987, the minimum retirement pension 28 payable to a firefighter with 20 or more years of creditable 29 service, the minimum disability pension payable under Section 30 4-110 or 4-111, and the minimum surviving spouse's pension 31 shall be $400 per month, without regard to whether the death, 32 retirement or disability of the firefighter occurred prior to 33 that date. SB856 Enrolled -10- LRB9105995EGfg 1 Beginning July 1, 1993, the minimum retirement pension 2 payable to a firefighter with 20 or more years of creditable 3 service and the minimum surviving spouse's pension shall be 4 $475 per month, without regard to whether the firefighter was 5 in service on or after the effective date of this amendatory 6 Act of 1993. 7 (b) Beginning January 1, 1999, the minimum retirement 8 pension payable to a firefighter with 20 or more years of 9 creditable service, the minimum disability pension payable 10 under Section 4-110, 4-110.1, or 4-111, and the minimum 11 surviving spouse's pension shall be $600 per month, without 12 regard to whether the firefighter was in service on or after 13 the effective date of this amendatory Act of the 91st General 14 Assembly. 15 In the case of a pensioner whose pension began before the 16 effective date of this amendatory Act and is subject to 17 increase under this subsection (b), the pensioner shall be 18 entitled to a lump sum payment of the amount of that increase 19 accruing from January 1, 1999 (or the date the pension began, 20 if later) to the effective date of this amendatory Act. 21 (c) Beginning January 1, 2000, the minimum retirement 22 pension payable to a firefighter with 20 or more years of 23 creditable service, the minimum disability pension payable 24 under Section 4-110, 4-110.1, or 4-111, and the minimum 25 surviving spouse's pension shall be $800 per month, without 26 regard to whether the firefighter was in service on or after 27 the effective date of this amendatory Act of the 91st General 28 Assembly. 29 (d) Beginning January 1, 2001, the minimum retirement 30 pension payable to a firefighter with 20 or more years of 31 creditable service, the minimum disability pension payable 32 under Section 4-110, 4-110.1, or 4-111, and the minimum 33 surviving spouse's pension shall be $1000 per month, without 34 regard to whether the firefighter was in service on or after SB856 Enrolled -11- LRB9105995EGfg 1 the effective date of this amendatory Act of the 91st General 2 Assembly. 3 (Source: P.A. 87-1265.) 4 (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110) 5 Sec. 4-110. Disability pension - Line of duty. If a 6 firefighter, as the result of sickness, accident or injury 7 incurred in or resulting from the performance of an act of 8 duty or from the cumulative effects of acts of duty, is 9 found, pursuant to Section 4-112, to be physically or 10 mentally permanently disabled for service in the fire 11 department, so as to render necessary his or her being placed 12 on disability pension, the firefighter shall be entitled to a 13 disability pension equal to the greater of (1) 65% of the 14 monthly salary attached to the rank held by him or her in the 15 fire department at the date he or she is removed from the 16 municipality's fire department payroll or (2) the retirement 17 pension that the firefighter would be eligible to receive if 18 he or she retired (but not including any automatic annual 19 increase in that retirement pension). A firefighter shall be 20 considered "on duty" while on any assignment approved by the 21 chief of the fire department, even though away from the 22 municipality he or she serves as a firefighter, if the 23 assignment is related to the fire protection service of the 24 municipality. 25 Such firefighter shall also be entitled to a child's 26 disability benefit of $20 a month on account of each 27 unmarried child less than 18 years of age and dependent upon 28 the firefighter for support, either the issue of the 29 firefighter or legally adopted by him or her. The total 30 amount of child's disability benefit payable to the 31 firefighter, when added to his or her disability pension, 32 shall not exceed 75% of the amount of salary which the 33 firefighter was receiving at the date of retirement. SB856 Enrolled -12- LRB9105995EGfg 1 Benefits payable on account of a child under this Section 2 shall not be reduced or terminated by reason of the child's 3 attainment of age 18 if he or she is then dependent by reason 4 of a physical or mental disability but shall continue to be 5 paid as long as such dependency continues. Individuals over 6 the age of 18 and adjudged to be disabled persons pursuant to 7 Article XIa of the Probate Act of 1975, except for persons 8 receiving benefits under Article III of the Illinois Public 9 Aid Code, shall be eligible to receive benefits under this 10 Act. 11 If a firefighter dies while still disabled and receiving 12 a disability pension under this Section, the disability 13 pension shall continue to be paid to the firefighter's 14 survivors but shall, from the date of death, become subject 15 to the requirements, including limitations on amount, that 16 are provided for pensions to survivors under Section 4-114. 17 A pension previously granted under Section 4-114 to a 18 survivor of a firefighter who died while receiving a 19 disability pension under this Section shall be deemed to be a 20 continuation of the pension provided under this Section and 21 shall be deemed to be in the nature of worker's compensation 22 payments. The changes to this Section made by this 23 amendatory Act of 1995 are intended to be retroactive and are 24 not limited to persons in service on or after its effective 25 date. 26 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.) 27 (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1) 28 Sec. 4-110.1. Occupational disease disability pension. 29 The General Assembly finds that service in the fire 30 department requires firefighters in times of stress and 31 danger to perform unusual tasks; that firefighters are 32 subject to exposure to extreme heat or extreme cold in 33 certain seasons while performing their duties; that they are SB856 Enrolled -13- LRB9105995EGfg 1 required to work in the midst of and are subject to heavy 2 smoke fumes, and carcinogenic, poisonous, toxic or chemical 3 gases from fires; and that these conditions exist and arise 4 out of or in the course of employment. 5 An active firefighter with 5 or more years of creditable 6 service who is found, pursuant to Section 4-112, unable to 7 perform his or her duties in the fire department by reason of 8 heart disease, stroke, tuberculosis, or any disease of the 9 lungs or respiratory tract, resulting from service as a 10 firefighter, is entitled to an occupational disease 11 disability pension during any period of such disability for 12 which he or she has no right to receive salary. 13 Any active firefighter who has completed 5 or more years 14 of service and is unable to perform his or her duties in the 15 fire department by reason of a disabling cancer, which 16 develops or manifests itself during a period while the 17 firefighter is in the service of the fire department, shall 18 be entitled to receive an occupational disease disability 19 benefit during any period of such disability for which he or 20 she does not have a right to receive salary. In order to 21 receive this occupational disease disability benefit, (i) the 22 type of cancer involved must be a type which may be caused by 23 exposure to heat, radiation or a known carcinogen as defined 24 by the International Agency for Research on Cancer and (ii) 25 the cancer must (and is rebuttably presumed to) arise as a 26 result of service as a firefighter. 27 A firefighter who enters the service after August 27, 28 1971 shall be examined by one or more practicing physicians 29 appointed by the board. If the examination discloses 30 impairment of the heart, lungs or respiratory tract, or the 31 existence of any cancer, the firefighter shall not be 32 entitled to the occupational disease disability pension 33 unless and until a subsequent examination reveals no such 34 impairment or cancer. SB856 Enrolled -14- LRB9105995EGfg 1 The occupational disease disability pension shall be 2 equal to the greater of (1) 65% of the salary attached to the 3 rank held by the firefighter in the fire service at the time 4 of his or her removal from the municipality's fire department 5 payroll or (2) the retirement pension that the firefighter 6 would be eligible to receive if he or she retired (but not 7 including any automatic annual increase in that retirement 8 pension). 9 The firefighter is also entitled to a child's disability 10 benefit of $20 a month for each natural or legally adopted 11 unmarried child less than age 18 dependent upon the 12 firefighter for support. The total child's disability 13 benefit when added to the occupational disease disability 14 pension shall not exceed 75% of the firefighter's salary at 15 the time of the grant of occupational disease disability 16 pension. 17 The occupational disease disability pension is payable to 18 the firefighter during the period of the disability. If the 19 disability ceases before the death of the firefighter, the 20 disability pension payable under this Section shall also 21 cease and the firefighter thereafter shall receive such 22 pension benefits as are provided in accordance with other 23 provisions of this Article. 24 If a firefighter dies while still disabled and receiving 25 a disability pension under this Section, the disability 26 pension shall continue to be paid to the firefighter's 27 survivors but shall, from the date of death, become subject 28 to the requirements, including limitations on amount, that 29 are provided for pensions to survivors under Section 4-114. 30 A pension previously granted under Section 4-114 to a 31 survivor of a firefighter who died while receiving a 32 disability pension under this Section shall be deemed to be a 33 continuation of the pension provided under this Section and 34 shall be deemed to be in the nature of worker's occupational SB856 Enrolled -15- LRB9105995EGfg 1 disease compensation payments. The changes to this Section 2 made by this amendatory Act of 1995 are intended to be 3 retroactive and are not limited to persons in service on or 4 after its effective date. 5 The child's disability benefit shall terminate if the 6 disability ceases while the firefighter is alive or when the 7 child or children attain age 18 or marry, whichever event 8 occurs first, except that benefits payable on account of a 9 child under this Section shall not be reduced or terminated 10 by reason of the child's attainment of age 18 if he or she is 11 then dependent by reason of a physical or mental disability 12 but shall continue to be paid as long as such dependency 13 continues. Individuals over the age of 18 and adjudged as a 14 disabled person pursuant to Article XIa of the Probate Act of 15 1975, except for persons receiving benefits under Article III 16 of the Illinois Public Aid Code, shall be eligible to receive 17 benefits under this Act. 18 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.) 19 (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114) 20 Sec. 4-114. Pension to survivors. If a firefighter who 21 is not receiving a disability pension under Section 4-110 or 22 4-110.1 dies (1) as a result of any illness or accident, or 23 (2) from any cause while in receipt of a disability pension 24 under this Article, or (3) during retirement after 20 years 25 service, or (4) while vested for or in receipt of a pension 26 payable under subsection (b) of Section 4-109, or (5) while a 27 deferred pensioner, having made all required contributions, a 28 pension shall be paid to his or her survivors, based on the 29 monthly salary attached to the firefighter's rank on the last 30 day of service in the fire department, as follows: 31 (a) To the surviving spouse, a monthly pension of 40% of 32 the monthly salary, and to the guardian of any minor child or 33 children including a child which has been conceived but not SB856 Enrolled -16- LRB9105995EGfg 1 yet born, 12% of such monthly salary for each such child 2 until attainment of age 18 or until the child's marriage, 3 whichever occurs first. Beginning July 1, 1993, the monthly 4 pension to the surviving spouse shall be 54% of the monthly 5 salary for all persons receiving a surviving spouse pension 6 under this Article, regardless of whether the deceased 7 firefighter was in service on or after the effective date of 8 this amendatory Act of 1993. 9 The pension to the surviving spouse shall terminate in 10 the event of the surviving spouse's remarriage prior to July 11 1, 1993; remarriage on or after that date does not affect the 12 surviving spouse's pension, regardless of whether the 13 deceased firefighter was in service on or after the effective 14 date of this amendatory Act of 1993. 15 The surviving spouse's pension shall be subject to the 16 minimum established in Section 4-109.2. 17 (b) Upon the death of the surviving spouse leaving one 18 or more minor children, to the duly appointed guardian of 19 each such child, for support and maintenance of each such 20 child until the child reaches age 18 or marries, whichever 21 occurs first, a monthly pension of 20% of the monthly salary. 22 (c) If a deceased firefighter leaves no surviving spouse 23 or unmarried minor children under age 18, but leaves a 24 dependent father or mother, to each dependent parent a 25 monthly pension of 18% of the monthly salary. To qualify for 26 the pension, a dependent parent must furnish satisfactory 27 proof that the deceased firefighter was at the time of his or 28 her death the sole supporter of the parent or that the parent 29 was the deceased's dependent for federal income tax purposes. 30 (d) The total pension provided under paragraphs (a), (b) 31 and (c) of this Section shall not exceed 75% of the monthly 32 salary of the deceased firefighter (1) when paid to the 33 survivor of a firefighter who has attained 20 or more years 34 of service credit and who receives or is eligible to receive SB856 Enrolled -17- LRB9105995EGfg 1 a retirement pension under this Article, or (2) when paid to 2 the survivor of a firefighter who dies as a result of illness 3 or accident, or (3) when paid to the survivor of a 4 firefighter who dies from any cause while in receipt of a 5 disability pension under this Article, or (4) when paid to 6 the survivor of a deferred pensioner. For all other 7 survivors of deceased firefighters, the total pension 8 provided under paragraphs (a), (b) and (c) of this Section 9 shall not exceed 50% of the retirement annuity the 10 firefighter would have received on the date of death. 11 (e) If a firefighter leaves no eligible survivors under 12 paragraphs (a), (b) and (c), the board shall refund to the 13 firefighter's estate the amount of his or her accumulated 14 contributions, less the amount of pension payments, if any, 15 made to the firefighter while living. 16 (f) An adopted child is eligible for the pension 17 provided under paragraph (a) if the child was adopted before 18 the firefighter attained age 50. 19 (g) If a judgment of dissolution of marriage between a 20 firefighter and spouse is judicially set aside subsequent to 21 the firefighter's death, the surviving spouse is eligible for 22 the pension provided in paragraph (a) only if the judicial 23 proceedings are filed within 2 years after the date of the 24 dissolution of marriage and within one year after the 25 firefighter's death and the board is made a party to the 26 proceedings. In such case the pension shall be payable only 27 from the date of the court's order setting aside the judgment 28 of dissolution of marriage. 29 (h) Benefits payable on account of a child under this 30 Section shall not be reduced or terminated by reason of the 31 child's attainment of age 18 if he or she is then dependent 32 by reason of a physical or mental disability but shall 33 continue to be paid as long as such dependency continues. 34 Individuals over the age of 18 and adjudged as a disabled SB856 Enrolled -18- LRB9105995EGfg 1 person pursuant to Article XIa of the Probate Act of 1975, 2 except for persons receiving benefits under Article III of 3 the Illinois Public Aid Code, shall be eligible to receive 4 benefits under this Act. 5 (i) Beginning January 1, 2000, the pension of the 6 surviving spouse of a firefighter who dies on or after 7 January 1, 1994 as a result of sickness, accident, or injury 8 incurred in or resulting from the performance of an act of 9 duty or from the cumulative effects of acts of duty shall not 10 be less than 100% of the salary attached to the rank held by 11 the deceased firefighter on the last day of service, 12 notwithstanding subsection (d) or any other provision of this 13 Article. 14 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.) 15 (40 ILCS 5/4-118.1) (from Ch. 108 1/2, par. 4-118.1) 16 Sec. 4-118.1. Contributions by firefighters. Beginning 17 January 1, 1976 and until the effective date of this 18 amendatory Act of the 91st General Assembly, each firefighter 19 shall contribute to the pension fund 6 3/4% of salary towards 20 the cost of his or her pension. Beginning on the effective 21 date of this amendatory Act of the 91st General Assembly, 22 each firefighter shall contribute to the pension fund 6.955% 23 of salary towards the cost of his or her pension. 24 In addition, beginning January 1, 1976, each firefighter 25 shall contribute 1% of salary toward the cost of the increase 26 in pension provided in Section 4-109.1; beginning January 1, 27 1987, such contribution shall be 1.5% of salary. 28 "Salary" means the annual salary, including longevity, 29 attached to the firefighter's rank, as established by the 30 municipality appropriation ordinance, including any 31 compensation for overtime which is included in the salary so 32 established, but excluding any "overtime pay", "holiday pay", 33 "bonus pay", "merit pay", or any other cash benefit not SB856 Enrolled -19- LRB9105995EGfg 1 included in the salary so established. 2 The contributions shall be deducted and withheld from the 3 salary of firefighters. 4 (Source: P.A. 84-1472.) 5 Section 90. The State Mandates Act is amended by adding 6 Section 8.23 as follows: 7 (30 ILCS 805/8.23 new) 8 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 9 and 8 of this Act, no reimbursement by the State is required 10 for the implementation of any mandate created by this 11 amendatory Act of the 91st General Assembly. 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.