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91_SB0856ham001
LRB9105995EGfgam03
1 AMENDMENT TO SENATE BILL 856
2 AMENDMENT NO. . Amend Senate Bill 856 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Pension Code and the State
5 Mandates Act."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Pension Code is amended by
9 changing Sections 4-108, 4-109, 4-109.1, 4-109.2, 4-110,
10 4-110.1, 4-114, and 4-118.1 and adding Section 3-113.1 as
11 follows:
12 (40 ILCS 5/3-113.1 new)
13 Sec. 3-113.1. Minimum retirement, survivor, and
14 disability pensions.
15 (a) Beginning January 1, 1999, the minimum retirement
16 pension payable to a police officer with 20 or more years of
17 creditable service, the minimum disability pension payable
18 under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum
19 surviving spouse's pension shall be $600 per month, without
20 regard to whether the police officer was in service on or
21 after the effective date of this amendatory Act of the 91st
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1 General Assembly.
2 In the case of a pensioner whose pension began before the
3 effective date of this amendatory Act and is subject to
4 increase under this subsection (a), the pensioner shall be
5 entitled to a lump sum payment of the amount of that increase
6 accruing from January 1, 1999 (or the date the pension began,
7 if later) to the effective date of this amendatory Act.
8 (b) Beginning January 1, 2000, the minimum retirement
9 pension payable to a police officer with 20 or more years of
10 creditable service, the minimum disability pension payable
11 under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum
12 surviving spouse's pension shall be $800 per month, without
13 regard to whether the police officer was in service on or
14 after the effective date of this amendatory Act of the 91st
15 General Assembly.
16 (c) Beginning January 1, 2001, the minimum retirement
17 pension payable to a police officer with 20 or more years of
18 creditable service, the minimum disability pension payable
19 under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum
20 surviving spouse's pension shall be $1000 per month, without
21 regard to whether the police officer was in service on or
22 after the effective date of this amendatory Act of the 91st
23 General Assembly.
24 (d) This Section does not grant a pension to any
25 surviving spouse who is not otherwise eligible to receive a
26 pension under this Article.
27 (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
28 Sec. 4-108. Creditable service.
29 (a) Creditable service is the time served as a
30 firefighter of a municipality. In computing creditable
31 service, furloughs and leaves of absence without pay
32 exceeding 30 days in any one year shall not be counted, but
33 leaves of absence for illness or accident regardless of
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1 length, and periods of disability for which a firefighter
2 received no disability pension payments under this Article,
3 shall be counted.
4 (b) Furloughs and leaves of absence of 30 days or less
5 in any one year may be counted as creditable service, if the
6 firefighter makes the contribution to the fund that would
7 have been required had he or she not been on furlough or
8 leave of absence. To qualify for this creditable service,
9 the firefighter must pay the required contributions to the
10 fund not more than 90 days subsequent to the termination of
11 the furlough or leave of absence, to the extent that the
12 municipality has not made such contribution on his or her
13 behalf.
14 (c) Creditable service includes:
15 (1) Service in the military, naval or air forces of
16 the United States entered upon when the person was an
17 active firefighter, provided that, upon applying for a
18 permanent pension, and in accordance with the rules of
19 the board the firefighter pays into the fund the amount
20 that would have been contributed had he or she been a
21 regular contributor during such period of service, if and
22 to the extent that the municipality which the firefighter
23 served made no such contributions in his or her behalf.
24 The total amount of such creditable service shall not
25 exceed 5 years, except that any firefighter who on July
26 1, 1973 had more than 5 years of such creditable service
27 shall receive the total amount thereof as of that date.
28 (2) Service prior to July 1, 1976 by a firefighter
29 initially excluded from participation by reason of age
30 who elected to participate and paid the required
31 contributions for such service.
32 (3) Up to 8 years of service by a firefighter as an
33 officer in a statewide firefighters' association when he
34 is on a leave of absence from a municipality's payroll,
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1 provided that (i) the firefighter has at least 10 years
2 of creditable service as an active firefighter, (ii) the
3 firefighter contributes to the fund the amount that he
4 would have contributed had he remained an active member
5 of the fund, and (iii) the employee or statewide
6 firefighter association contributes to the fund an amount
7 equal to the employer's required contribution as
8 determined by the board.
9 (4) Time spent as an on-call fireman for a
10 municipality, calculated at the rate of one year of
11 creditable service for each 5 years of time spent as an
12 on-call fireman, provided that (i) the firefighter has at
13 least 18 years of creditable service as an active
14 firefighter, (ii) the firefighter spent at least 14 years
15 as an on-call firefighter for the municipality, (iii) the
16 firefighter applies for such creditable service within 30
17 days after the effective date of this amendatory Act of
18 1989, (iv) the firefighter contributes to the Fund an
19 amount representing employee contributions for the number
20 of years of creditable service granted under this
21 subdivision (4), based on the salary and contribution
22 rate in effect for the firefighter at the date of entry
23 into the Fund, to be determined by the board, and (v) not
24 more than 3 years of creditable service may be granted
25 under this subdivision (4).
26 Creditable service shall not under any other
27 circumstances include time spent as a volunteer
28 firefighter, whether or not any compensation was received
29 therefor. The change made in this Section by Public Act
30 83-0463 is intended to be a restatement and clarification
31 of existing law, and does not imply that creditable
32 service was previously allowed under this Article for
33 time spent as a volunteer firefighter.
34 (5) Time served between July 1, 1976 and July 1,
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1 1988 in the position of protective inspection officer or
2 administrative assistant for fire services, for a
3 municipality with a population under 10,000 that is
4 located in a county with a population over 3,000,000 and
5 that maintains a firefighters' pension fund under this
6 Article, if the position included firefighting duties,
7 notwithstanding that the person may not have held an
8 appointment as a firefighter, provided that application
9 is made to the pension fund within 30 days after the
10 effective date of this amendatory Act of 1991, and the
11 corresponding contributions are paid for the number of
12 years of service granted, based upon the salary and
13 contribution rate in effect for the firefighter at the
14 date of entry into the pension fund, as determined by the
15 Board.
16 (6) Service before becoming a participant by a
17 firefighter initially excluded from participation by
18 reason of age who becomes a participant under the
19 amendment to Section 4-107 made by this amendatory Act of
20 1993 and pays the required contributions for such
21 service.
22 (7) Up to 3 years of time during which the
23 firefighter receives a disability pension under Section
24 4-110, 4-110.1, or 4-111, provided that (i) the
25 firefighter returns to active service after the
26 disability for a period at least equal to the period for
27 which credit is to be established and (ii) the
28 firefighter makes contributions to the fund based on the
29 rates specified in Section 4-118.1 and the salary upon
30 which the disability pension is based. These
31 contributions may be paid at any time prior to the
32 commencement of a retirement pension. The firefighter
33 may, but need not, elect to have the contributions
34 deducted from the disability pension or to pay them in
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1 installments on a schedule approved by the board. If not
2 deducted from the disability pension, the contributions
3 shall include interest at the rate of 6% per year,
4 compounded annually, from the date for which service
5 credit is being established to the date of payment. If
6 contributions are paid under this subdivision (c)(7) in
7 excess of those needed to establish the credit, the
8 excess shall be refunded. This subdivision (c)(7)
9 applies to persons receiving a disability pension under
10 Section 4-110, 4-110.1, or 4-111 on the effective date of
11 this amendatory Act of the 91st General Assembly, as well
12 as persons who begin to receive such a disability pension
13 after that date.
14 (Source: P.A. 89-52, eff. 6-30-95.)
15 (40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
16 Sec. 4-109. Pension.
17 (a) A firefighter age 50 or more with 20 or more years
18 of creditable service, who is no longer in service as a
19 firefighter, shall receive a monthly pension of 1/2 the
20 monthly salary attached to the rank held by him or her in the
21 fire service at the date of retirement.
22 The monthly pension shall be increased by 1/12 of 2.5% 2%
23 service and 1/12 of 1%
25 of such monthly salary for each additional month over 30
26 years of service, to a maximum of 75% of such monthly salary.
27 The changes made to this subsection (a) by this
28 amendatory Act of the 91st General Assembly apply to all
29 pensions that become payable under this subsection on or
30 after January 1, 1999. All pensions payable under this
31 subsection that began on or after January 1, 1999 and before
32 the effective date of this amendatory Act shall be
33 recalculated, and the amount of the increase accruing for
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1 that period shall be payable to the pensioner in a lump sum.
2 (b) A firefighter who retires or is separated from
3 service having at least 10 but less than 20 years of
4 creditable service, who is not entitled to receive a
5 disability pension, and who did not apply for a refund of
6 contributions at his or her last separation from service
7 shall receive a monthly pension upon attainment of age 60
8 based on the monthly salary attached to his or her rank in
9 the fire service on the date of retirement or separation from
10 service according to the following schedule:
11 For 10 years of service, 15% of salary;
12 For 11 years of service, 17.6% of salary;
13 For 12 years of service, 20.4% of salary;
14 For 13 years of service, 23.4% of salary;
15 For 14 years of service, 26.6% of salary;
16 For 15 years of service, 30% of salary;
17 For 16 years of service, 33.6% of salary;
18 For 17 years of service, 37.4% of salary;
19 For 18 years of service, 41.4% of salary;
20 For 19 years of service, 45.6% of salary.
21 (Source: P.A. 83-1440.)
22 (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
23 Sec. 4-109.1. Increase in pension.
24 (a) Except as provided in subsection (e), the monthly
25 pension of a firefighter who retires after July 1, 1971 and
26 prior to January 1, 1986, shall, upon either the first of the
27 month following the first anniversary of the date of
28 retirement if 60 years of age or over at retirement date, or
29 upon the first day of the month following attainment of age
30 60 if it occurs after the first anniversary of retirement, be
31 increased by 2% of the originally granted monthly pension and
32 by an additional 2% in each January thereafter. Effective
33 January 1976, the rate of the annual increase shall be 3% of
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1 the originally granted monthly pension.
2 (b) The monthly pension of a firefighter who retired
3 from service with 20 or more years of service, on or before
4 July 1, 1971, shall be increased, in January of the year
5 following the year of attaining age 65 or in January 1972, if
6 then over age 65, by 2% of the originally granted monthly
7 pension, for each year the firefighter received pension
8 payments. In each January thereafter, he or she shall
9 receive an additional increase of 2% of the original monthly
10 pension. Effective January 1976, the rate of the annual
11 increase shall be 3%.
12 (c) The monthly pension of a firefighter who is
13 receiving a disability pension under this Article shall be
14 increased, in January of the year following the year the
15 firefighter attains age 60, or in January 1974, if then over
16 age 60, by 2% of the originally granted monthly pension for
17 each year he or she received pension payments. In each
18 January thereafter, the firefighter shall receive an
19 additional increase of 2% of the original monthly pension.
20 Effective January 1976, the rate of the annual increase shall
21 be 3%.
22 (c-1) On January 1, 1998, every child's disability
23 benefit payable on that date under Section 4-110 or 4-110.1
24 shall be increased by an amount equal to 1/12 of 3% of the
25 amount of the benefit, multiplied by the number of months for
26 which the benefit has been payable. On each January 1
27 thereafter, every child's disability benefit payable under
28 Section 4-110 or 4-110.1 shall be increased by 3% of the
29 amount of the benefit then being paid, including any previous
30 increases received under this Article. These increases are
31 not subject to any limitation on the maximum benefit amount
32 included in Section 4-110 or 4-110.1.
33 (d) The monthly pension of a firefighter who retires
34 after January 1, 1986, shall, upon either the first of the
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1 month following the first anniversary of the date of
2 retirement if 55 years of age or over at retirement date, or
3 upon the first day of the month following attainment of age
4 55 if it occurs after the first anniversary of retirement, be
5 increased by 1/12 of 3% of the originally granted monthly
6 pension for each full month year that has elapsed since the
7 pension began, and by an additional 3% in each January
8 thereafter.
9 The changes made to this subsection (d) by this
10 amendatory Act of the 91st General Assembly apply to all
11 initial increases that become payable under this subsection
12 on or after January 1, 1999. All initial increases that
13 became payable under this subsection on or after January 1,
14 1999 and before the effective date of this amendatory Act
15 shall be recalculated and the additional amount accruing for
16 that period, if any, shall be payable to the pensioner in a
17 lump sum.
18 (e) Notwithstanding the provisions of subsection (a),
19 upon the first day of the month following (1) the first
20 anniversary of the date of retirement, or (2) the attainment
21 of age 55, or (3) July 1, 1987, whichever occurs latest, the
22 monthly pension of a firefighter who retired on or after
23 January 1, 1977 and on or before January 1, 1986 and did not
24 receive an increase under subsection (a) before July 1, 1987,
25 shall be increased by 3% of the originally granted monthly
26 pension for each full year that has elapsed since the pension
27 began, and by an additional 3% in each January thereafter.
28 The increases provided under this subsection are in lieu of
29 the increases provided in subsection (a).
30 (Source: P.A. 90-32, eff. 6-27-97.)
31 (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2)
32 Sec. 4-109.2. Minimum pension.
33 (a) Beginning January 1, 1984, the minimum disability
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1 pension granted under Section 4-110 or 4-111, the minimum
2 surviving spouse's pension, and the minimum retirement
3 pension granted to a firefighter with 20 or more years of
4 creditable service, shall be $300 per month, without regard
5 to whether the death, disability or retirement of the
6 firefighter occurred prior to that date.
7 Beginning July 1, 1987, the minimum retirement pension
8 payable to a firefighter with 20 or more years of creditable
9 service, the minimum disability pension payable under Section
10 4-110 or 4-111, and the minimum surviving spouse's pension
11 shall be $400 per month, without regard to whether the death,
12 retirement or disability of the firefighter occurred prior to
13 that date.
14 Beginning July 1, 1993, the minimum retirement pension
15 payable to a firefighter with 20 or more years of creditable
16 service and the minimum surviving spouse's pension shall be
17 $475 per month, without regard to whether the firefighter was
18 in service on or after the effective date of this amendatory
19 Act of 1993.
20 (b) Beginning January 1, 1999, the minimum retirement
21 pension payable to a firefighter with 20 or more years of
22 creditable service, the minimum disability pension payable
23 under Section 4-110, 4-110.1, or 4-111, and the minimum
24 surviving spouse's pension shall be $600 per month, without
25 regard to whether the firefighter was in service on or after
26 the effective date of this amendatory Act of the 91st General
27 Assembly.
28 In the case of a pensioner whose pension began before the
29 effective date of this amendatory Act and is subject to
30 increase under this subsection (b), the pensioner shall be
31 entitled to a lump sum payment of the amount of that increase
32 accruing from January 1, 1999 (or the date the pension began,
33 if later) to the effective date of this amendatory Act.
34 (c) Beginning January 1, 2000, the minimum retirement
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1 pension payable to a firefighter with 20 or more years of
2 creditable service, the minimum disability pension payable
3 under Section 4-110, 4-110.1, or 4-111, and the minimum
4 surviving spouse's pension shall be $800 per month, without
5 regard to whether the firefighter was in service on or after
6 the effective date of this amendatory Act of the 91st General
7 Assembly.
8 (d) Beginning January 1, 2001, the minimum retirement
9 pension payable to a firefighter with 20 or more years of
10 creditable service, the minimum disability pension payable
11 under Section 4-110, 4-110.1, or 4-111, and the minimum
12 surviving spouse's pension shall be $1000 per month, without
13 regard to whether the firefighter was in service on or after
14 the effective date of this amendatory Act of the 91st General
15 Assembly.
16 (Source: P.A. 87-1265.)
17 (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
18 Sec. 4-110. Disability pension - Line of duty. If a
19 firefighter, as the result of sickness, accident or injury
20 incurred in or resulting from the performance of an act of
21 duty or from the cumulative effects of acts of duty, is
22 found, pursuant to Section 4-112, to be physically or
23 mentally permanently disabled for service in the fire
24 department, so as to render necessary his or her being placed
25 on disability pension, the firefighter shall be entitled to a
26 disability pension equal to the greater of (1) 65% of the
27 monthly salary attached to the rank held by him or her in the
28 fire department at the date he or she is removed from the
29 municipality's fire department payroll or (2) the retirement
30 pension that the firefighter would be eligible to receive if
31 he or she retired (but not including any automatic annual
32 increase in that retirement pension). A firefighter shall be
33 considered "on duty" while on any assignment approved by the
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1 chief of the fire department, even though away from the
2 municipality he or she serves as a firefighter, if the
3 assignment is related to the fire protection service of the
4 municipality.
5 Such firefighter shall also be entitled to a child's
6 disability benefit of $20 a month on account of each
7 unmarried child less than 18 years of age and dependent upon
8 the firefighter for support, either the issue of the
9 firefighter or legally adopted by him or her. The total
10 amount of child's disability benefit payable to the
11 firefighter, when added to his or her disability pension,
12 shall not exceed 75% of the amount of salary which the
13 firefighter was receiving at the date of retirement.
14 Benefits payable on account of a child under this Section
15 shall not be reduced or terminated by reason of the child's
16 attainment of age 18 if he or she is then dependent by reason
17 of a physical or mental disability but shall continue to be
18 paid as long as such dependency continues. Individuals over
19 the age of 18 and adjudged to be disabled persons pursuant to
20 Article XIa of the Probate Act of 1975, except for persons
21 receiving benefits under Article III of the Illinois Public
22 Aid Code, shall be eligible to receive benefits under this
23 Act.
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 compensation
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1 payments. The changes to this Section made by this
2 amendatory Act of 1995 are intended to be retroactive and are
3 not limited to persons in service on or after its effective
4 date.
5 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
6 (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
7 Sec. 4-110.1. Occupational disease disability pension.
8 The General Assembly finds that service in the fire
9 department requires firefighters in times of stress and
10 danger to perform unusual tasks; that firefighters are
11 subject to exposure to extreme heat or extreme cold in
12 certain seasons while performing their duties; that they are
13 required to work in the midst of and are subject to heavy
14 smoke fumes, and carcinogenic, poisonous, toxic or chemical
15 gases from fires; and that these conditions exist and arise
16 out of or in the course of employment.
17 An active firefighter with 5 or more years of creditable
18 service who is found, pursuant to Section 4-112, unable to
19 perform his or her duties in the fire department by reason of
20 heart disease, stroke, tuberculosis, or any disease of the
21 lungs or respiratory tract, resulting from service as a
22 firefighter, is entitled to an occupational disease
23 disability pension during any period of such disability for
24 which he or she has no right to receive salary.
25 Any active firefighter who has completed 5 or more years
26 of service and is unable to perform his or her duties in the
27 fire department by reason of a disabling cancer, which
28 develops or manifests itself during a period while the
29 firefighter is in the service of the fire department, shall
30 be entitled to receive an occupational disease disability
31 benefit during any period of such disability for which he or
32 she does not have a right to receive salary. In order to
33 receive this occupational disease disability benefit, (i) the
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1 type of cancer involved must be a type which may be caused by
2 exposure to heat, radiation or a known carcinogen as defined
3 by the International Agency for Research on Cancer and (ii)
4 the cancer must (and is rebuttably presumed to) arise as a
5 result of service as a firefighter.
6 A firefighter who enters the service after August 27,
7 1971 shall be examined by one or more practicing physicians
8 appointed by the board. If the examination discloses
9 impairment of the heart, lungs or respiratory tract, or the
10 existence of any cancer, the firefighter shall not be
11 entitled to the occupational disease disability pension
12 unless and until a subsequent examination reveals no such
13 impairment or cancer.
14 The occupational disease disability pension shall be
15 equal to the greater of (1) 65% of the salary attached to the
16 rank held by the firefighter in the fire service at the time
17 of his or her removal from the municipality's fire department
18 payroll or (2) the retirement pension that the firefighter
19 would be eligible to receive if he or she retired (but not
20 including any automatic annual increase in that retirement
21 pension).
22 The firefighter is also entitled to a child's disability
23 benefit of $20 a month for each natural or legally adopted
24 unmarried child less than age 18 dependent upon the
25 firefighter for support. The total child's disability
26 benefit when added to the occupational disease disability
27 pension shall not exceed 75% of the firefighter's salary at
28 the time of the grant of occupational disease disability
29 pension.
30 The occupational disease disability pension is payable to
31 the firefighter during the period of the disability. If the
32 disability ceases before the death of the firefighter, the
33 disability pension payable under this Section shall also
34 cease and the firefighter thereafter shall receive such
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1 pension benefits as are provided in accordance with other
2 provisions of this Article.
3 If a firefighter dies while still disabled and receiving
4 a disability pension under this Section, the disability
5 pension shall continue to be paid to the firefighter's
6 survivors but shall, from the date of death, become subject
7 to the requirements, including limitations on amount, that
8 are provided for pensions to survivors under Section 4-114.
9 A pension previously granted under Section 4-114 to a
10 survivor of a firefighter who died while receiving a
11 disability pension under this Section shall be deemed to be a
12 continuation of the pension provided under this Section and
13 shall be deemed to be in the nature of worker's occupational
14 disease compensation payments. The changes to this Section
15 made by this amendatory Act of 1995 are intended to be
16 retroactive and are not limited to persons in service on or
17 after its effective date.
18 The child's disability benefit shall terminate if the
19 disability ceases while the firefighter is alive or when the
20 child or children attain age 18 or marry, whichever event
21 occurs first, except that benefits payable on account of a
22 child under this Section shall not be reduced or terminated
23 by reason of the child's attainment of age 18 if he or she is
24 then dependent by reason of a physical or mental disability
25 but shall continue to be paid as long as such dependency
26 continues. Individuals over the age of 18 and adjudged as a
27 disabled person pursuant to Article XIa of the Probate Act of
28 1975, except for persons receiving benefits under Article III
29 of the Illinois Public Aid Code, shall be eligible to receive
30 benefits under this Act.
31 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
32 (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
33 Sec. 4-114. Pension to survivors. If a firefighter who
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1 is not receiving a disability pension under Section 4-110 or
2 4-110.1 dies (1) as a result of any illness or accident, or
3 (2) from any cause while in receipt of a disability pension
4 under this Article, or (3) during retirement after 20 years
5 service, or (4) while vested for or in receipt of a pension
6 payable under subsection (b) of Section 4-109, or (5) while a
7 deferred pensioner, having made all required contributions, a
8 pension shall be paid to his or her survivors, based on the
9 monthly salary attached to the firefighter's rank on the last
10 day of service in the fire department, as follows:
11 (a) To the surviving spouse, a monthly pension of 40% of
12 the monthly salary, and to the guardian of any minor child or
13 children including a child which has been conceived but not
14 yet born, 12% of such monthly salary for each such child
15 until attainment of age 18 or until the child's marriage,
16 whichever occurs first. Beginning July 1, 1993, the monthly
17 pension to the surviving spouse shall be 54% of the monthly
18 salary for all persons receiving a surviving spouse pension
19 under this Article, regardless of whether the deceased
20 firefighter was in service on or after the effective date of
21 this amendatory Act of 1993.
22 The pension to the surviving spouse shall terminate in
23 the event of the surviving spouse's remarriage prior to July
24 1, 1993; remarriage on or after that date does not affect the
25 surviving spouse's pension, regardless of whether the
26 deceased firefighter was in service on or after the effective
27 date of this amendatory Act of 1993.
28 The surviving spouse's pension shall be subject to the
29 minimum established in Section 4-109.2.
30 (b) Upon the death of the surviving spouse leaving one
31 or more minor children, to the duly appointed guardian of
32 each such child, for support and maintenance of each such
33 child until the child reaches age 18 or marries, whichever
34 occurs first, a monthly pension of 20% of the monthly salary.
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1 (c) If a deceased firefighter leaves no surviving spouse
2 or unmarried minor children under age 18, but leaves a
3 dependent father or mother, to each dependent parent a
4 monthly pension of 18% of the monthly salary. To qualify for
5 the pension, a dependent parent must furnish satisfactory
6 proof that the deceased firefighter was at the time of his or
7 her death the sole supporter of the parent or that the parent
8 was the deceased's dependent for federal income tax purposes.
9 (d) The total pension provided under paragraphs (a), (b)
10 and (c) of this Section shall not exceed 75% of the monthly
11 salary of the deceased firefighter (1) when paid to the
12 survivor of a firefighter who has attained 20 or more years
13 of service credit and who receives or is eligible to receive
14 a retirement pension under this Article, or (2) when paid to
15 the survivor of a firefighter who dies as a result of illness
16 or accident, or (3) when paid to the survivor of a
17 firefighter who dies from any cause while in receipt of a
18 disability pension under this Article, or (4) when paid to
19 the survivor of a deferred pensioner. For all other
20 survivors of deceased firefighters, the total pension
21 provided under paragraphs (a), (b) and (c) of this Section
22 shall not exceed 50% of the retirement annuity the
23 firefighter would have received on the date of death.
24 (e) If a firefighter leaves no eligible survivors under
25 paragraphs (a), (b) and (c), the board shall refund to the
26 firefighter's estate the amount of his or her accumulated
27 contributions, less the amount of pension payments, if any,
28 made to the firefighter while living.
29 (f) An adopted child is eligible for the pension
30 provided under paragraph (a) if the child was adopted before
31 the firefighter attained age 50.
32 (g) If a judgment of dissolution of marriage between a
33 firefighter and spouse is judicially set aside subsequent to
34 the firefighter's death, the surviving spouse is eligible for
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1 the pension provided in paragraph (a) only if the judicial
2 proceedings are filed within 2 years after the date of the
3 dissolution of marriage and within one year after the
4 firefighter's death and the board is made a party to the
5 proceedings. In such case the pension shall be payable only
6 from the date of the court's order setting aside the judgment
7 of dissolution of marriage.
8 (h) Benefits payable on account of a child under this
9 Section shall not be reduced or terminated by reason of the
10 child's attainment of age 18 if he or she is then dependent
11 by reason of a physical or mental disability but shall
12 continue to be paid as long as such dependency continues.
13 Individuals over the age of 18 and adjudged as a disabled
14 person pursuant to Article XIa of the Probate Act of 1975,
15 except for persons receiving benefits under Article III of
16 the Illinois Public Aid Code, shall be eligible to receive
17 benefits under this Act.
18 (i) Beginning January 1, 2000, the pension of the
19 surviving spouse of a firefighter who dies on or after
20 January 1, 1994 as a result of sickness, accident, or injury
21 incurred in or resulting from the performance of an act of
22 duty or from the cumulative effects of acts of duty shall not
23 be less than 100% of the salary attached to the rank held by
24 the deceased firefighter on the last day of service,
25 notwithstanding subsection (d) or any the other provision of
26 this Article.
27 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
28 (40 ILCS 5/4-118.1) (from Ch. 108 1/2, par. 4-118.1)
29 Sec. 4-118.1. Contributions by firefighters. Beginning
30 January 1, 1976 and until the effective date of this
31 amendatory Act of the 91st General Assembly, each firefighter
32 shall contribute to the pension fund 6 3/4% of salary towards
33 the cost of his or her pension. Beginning on the effective
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1 date of this amendatory Act of the 91st General Assembly,
2 each firefighter shall contribute to the pension fund 6.955%
3 of salary towards the cost of his or her pension.
4 In addition, beginning January 1, 1976, each firefighter
5 shall contribute 1% of salary toward the cost of the increase
6 in pension provided in Section 4-109.1; beginning January 1,
7 1987, such contribution shall be 1.5% of salary.
8 "Salary" means the annual salary, including longevity,
9 attached to the firefighter's rank, as established by the
10 municipality appropriation ordinance, including any
11 compensation for overtime which is included in the salary so
12 established, but excluding any "overtime pay", "holiday pay",
13 "bonus pay", "merit pay", or any other cash benefit not
14 included in the salary so established.
15 The contributions shall be deducted and withheld from the
16 salary of firefighters.
17 (Source: P.A. 84-1472.)
18 Section 90. The State Mandates Act is amended by adding
19 Section 8.23 as follows:
20 (30 ILCS 805/8.23 new)
21 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
22 and 8 of this Act, no reimbursement by the State is required
23 for the implementation of any mandate created by this
24 amendatory Act of the 91st General Assembly.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".