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92_HB4227 LRB9212553EGfg 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Section 6-209 as follows: 6 (40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209) 7 Sec. 6-209. Computation of service. 8 (A) In computing the service rendered by a fireman prior 9 to the effective date, the following periods shall be 10 counted, in addition to all periods during which he performed 11 the duties of his position, as periods of service for annuity 12 purposes only: All periods of (a) vacation, (b) leave of 13 absence with whole or part pay, (c) leave of absence without 14 pay which were necessary on account of disability, and (d) 15 leave of absence during which he was engaged in the military 16 or naval service of the United States of America. Service 17 credit shall not be allowed for any period during which a 18 fireman was in receipt of pension on account of disability 19 from any pension fund superseded by this fund. 20 (B) In computing the service rendered by a fireman on 21 and after the effective date, the following periods shall be 22 counted in addition to all periods during which he performed 23 the duties of his position, as periods of service for annuity 24 purposes only: All periods of (a) vacation, (b) leave of 25 absence with whole or part pay, (c) leave of absence during 26 which he was engaged in the military or naval service of the 27 United States of America, (d) disability for which he 28 receives any disability benefit, (e) disability for which he 29 receives whole or part pay, (f) leave of absence, or other 30 authorized relief from active duty, during which he served as 31 president of The Firemen's Association of Chicago, (g) -2- LRB9212553EGfg 1 periods of suspension from duty not to exceed a total of one 2 year during the total period of service of the fireman, and 3 (h) a period of time not to exceed 23 days in 1980 in 4 accordance with an agreement with the City on a settlement of 5 strike; provided that the fireman elects to make 6 contributions to the Fund for the various annuity and benefit 7 purposes according to the provisions of this Article as 8 though he were an active fireman, based upon the salary 9 attached to the civil service rank held by him during such 10 absence from duty, and if the fireman so elects, the city 11 shall make the prescribed concurrent contributions for such 12 annuity and benefit purposes as provided in this Article, all 13 to the end that such fireman shall be entitled to receive the 14 same annuities and benefits for which he would otherwise be 15 eligible if he had continued as an active fireman during the 16 periods of absence from duty. 17 (C) In computing service on and after the effective date 18 for ordinary disability benefit, all periods described in 19 subsection (B)
the preceding paragraph, except any period for 20 which a fireman receives ordinary disability benefit, shall 21 be counted as periods of service. 22 (D) In computing service for any of the purposes of this 23 Article, credit shall be given for any periods prior to 24 January 9, 1997, during which an active fireman (or fire 25 paramedic) who is a member of the General Assembly is on 26 leave of absence or is otherwise authorized to be absent from 27 duty to enable him to perform his legislative duties, 28 notwithstanding any reduction in salary for such periods and 29 notwithstanding that the contributions paid by the fireman 30 were based on such reduced salary rather than the full amount 31 of salary attached to his civil service rank. 32 (E) In computing service for any of the purposes of this 33 Article, credit shall be given for up to 24 months of service 34 in the armed forces of the United States during which the -3- LRB9212553EGfg 1 fireman was not on leave of absence from employment under 2 this Article. In order to receive creditable service for 3 military service under this subsection (E), a fireman must 4 (1) apply to the Fund in writing and provide evidence of the 5 military service that is satisfactory to the Board and (2) 6 make contributions to the Fund equal to (i) the employee 7 contributions that would have been required had the service 8 been rendered as a fireman, plus (ii) an amount determined by 9 the Board to be equal to the employer's normal cost of the 10 benefits accrued for that military service, plus (iii) 11 interest on items (i) and (ii) from the date of first 12 membership in the Fund following that military service to the 13 date of payment. If payment is made during the 6-month 14 period that begins 3 months after the effective date of this 15 amendatory Act of the 92nd General Assembly, the required 16 interest shall be at the rate of 2.5% per year, compounded 17 annually; otherwise, the required interest shall be 18 calculated at the rate of 6% per year, compounded annually. 19 (F) In computing service for any of the purposes of this 20 Article, no credit shall be given for any period during which 21 a fireman was not rendering active service because of his 22 discharge from the service, unless proceedings to test the 23 legality of the discharge are filed in a court of competent 24 jurisdiction within one year from the date of discharge and a 25 final judgment is entered therein declaring the discharge 26 illegal. 27 No overtime or extra service shall be included in 28 computing service of a fireman and not more than one year or 29 a proper fractional part thereof of service shall be allowed 30 for service rendered during any calendar year. 31 (Source: P.A. 86-273; 86-1488; 87-1265.) 32 Section 90. The State Mandates Act is amended by adding 33 Section 8.26 as follows: -4- LRB9212553EGfg 1 (30 ILCS 805/8.26 new) 2 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6 3 and 8 of this Act, no reimbursement by the State is required 4 for the implementation of any mandate created by this 5 amendatory Act of the 92nd General Assembly. 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.
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