Bill Amendment: IL SB0167 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PEN CD-DNST FIRE-SERVICE

Status: 2021-07-09 - Public Act . . . . . . . . . 102-0081 [SB0167 Detail]

Download: Illinois-2021-SB0167-Senate_Amendment_001.html

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Sen. Laura Ellman

Filed: 3/23/2021

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AMENDMENT TO SENATE BILL 167
AMENDMENT NO. ______. Amend Senate Bill 167 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Pension Code is amended by
changing Section 4-109.3 as follows:
(40 ILCS 5/4-109.3)
Sec. 4-109.3. Employee creditable service.
(a) As used in this Section:
"Final monthly salary" means the monthly salary attached
to the rank held by the firefighter at the time of his or her
last withdrawal from service under a particular pension fund.
"Last pension fund" means the pension fund in which the
firefighter was participating at the time of his or her last
withdrawal from service.
(b) The benefits provided under this Section are available
only to a firefighter who:

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(1) is a firefighter at the time of withdrawal from
the last pension fund and for at least the final 3 years of
employment prior to that withdrawal;
(2) has established service credit with at least one
pension fund established under this Article other than the
last pension fund;
(3) has a total of at least 20 years of service under
the various pension funds established under this Article
and has attained age 50; and
(4) is in service on or after the effective date of
this amendatory Act of the 93rd General Assembly.
(c) A firefighter who is eligible for benefits under this
Section may elect to receive a retirement pension from each
pension fund under this Article in which the firefighter has
at least one year of service credit but has not received a
refund under Section 4-116 (unless the firefighter repays that
refund under subsection (g)) or subsection (c) of Section
4-118.1, by applying in writing and paying the contribution
required under subsection (i).
(d) From each such pension fund other than the last
pension fund, in lieu of any retirement pension otherwise
payable under this Article, a firefighter to whom this Section
applies may elect to receive a monthly pension of 1/12th of
2.5% of his or her final monthly salary under that fund for
each month of service in that fund, subject to a maximum of 75%
of that final monthly salary.

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(e) From the last pension fund, in lieu of any retirement
pension otherwise payable under this Article, a firefighter to
whom this Section applies may elect to receive a monthly
pension calculated as follows:
The last pension fund shall calculate the retirement
pension that would be payable to the firefighter under
subsection (a) of Section 4-109 as if he or she had
participated in that last pension fund during his or her
entire period of service under all pension funds established
under this Article (excluding any period of service for which
the firefighter has received a refund under Section 4-116,
unless the firefighter repays that refund under subsection
(g), or for which the firefighter has received a refund under
subsection (c) of Section 4-118.1). From this hypothetical
pension there shall be subtracted the original amounts of the
retirement pensions payable to the firefighter by all other
pension funds under subsection (d). The remainder is the
retirement pension payable to the firefighter by the last
pension fund under this subsection (e).
(f) Pensions elected under this Section shall be subject
to increases as provided in subsection (d) of Section 4-109.1.
(g) A current firefighter may reinstate creditable service
in a pension fund established under this Article that was
terminated upon receipt of a refund, by payment to that
pension fund of the amount of the refund together with
interest thereon at the rate of 6% per year, compounded

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annually, from the date of the refund to the date of payment. A
repayment of a refund under this Section may be made in equal
installments over a period of up to 10 years, but must be paid
in full prior to retirement.
(h) As a condition of being eligible for the benefits
provided in this Section, a person who is hired to a position
as a firefighter on or after July 1, 2004 must, within 21
months after being hired, notify the new employer, all of his
or her previous employers under this Article, and the Public
Pension Division of the Division of Insurance of the
Department of Financial and Professional Regulation of his or
her intent to receive the benefits provided under this
Section.
As a condition of being eligible for the benefits provided
in this Section, a person who first becomes a firefighter
under this Article after December 31, 2010 must (1) within 21
months after being hired or within 21 months after the
effective date of this amendatory Act of the 102nd General
Assembly, whichever is later, notify the new employer, all of
his or her previous employers under this Article, and the
Public Pension Division of the Department of Insurance of his
or her intent to receive the benefits provided under this
Section; and (2) make the required contributions with
applicable interest. A person who first becomes a firefighter
under this Article after December 31, 2010 and who, before the
effective date of this amendatory Act of the 102nd General

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Assembly, notified the new employer, all of his or her
previous employers under this Article, and the Public Pension
Division of the Department of Insurance of his or her intent to
receive the benefits provided under this Section shall be
deemed to have met the notice requirement under item (1) of the
preceding sentence. The changes made to this Section by this
amendatory Act of the 102nd General Assembly apply
retroactively, notwithstanding Section 1-103.1.
(i) In order to receive a pension under this Section or an
occupational disease disability pension for which he or she
becomes eligible due to the application of subsection (m) of
this Section, a firefighter must pay to each pension fund from
which he or she has elected to receive a pension under this
Section a contribution equal to 1% of monthly salary for each
month of service credit that the firefighter has in that fund
(other than service credit for which the firefighter has
already paid the additional contribution required under
subsection (c) of Section 4-118.1), together with interest
thereon at the rate of 6% per annum, compounded annually, from
the firefighter's first day of employment with that fund or
the first day of the fiscal year of that fund that immediately
precedes the firefighter's first day of employment with that
fund, whichever is earlier.
In order for a firefighter who, as of the effective date of
this amendatory Act of the 93rd General Assembly, has not
begun to receive a pension under this Section or an

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occupational disease disability pension under subsection (m)
of this Section and who has contributed 1/12th of 1% of monthly
salary for each month of service credit that the firefighter
has in that fund (other than service credit for which the
firefighter has already paid the additional contribution
required under subsection (c) of Section 4-118.1), together
with the required interest thereon, to receive a pension under
this Section or an occupational disease disability pension for
which he or she becomes eligible due to the application of
subsection (m) of this Section, the firefighter must, within
one year after the effective date of this amendatory Act of the
93rd General Assembly, make an additional contribution equal
to 11/12ths of 1% of monthly salary for each month of service
credit that the firefighter has in that fund (other than
service credit for which the firefighter has already paid the
additional contribution required under subsection (c) of
Section 4-118.1), together with interest thereon at the rate
of 6% per annum, compounded annually, from the firefighter's
first day of employment with that fund or the first day of the
fiscal year of that fund that immediately precedes the
firefighter's first day of employment with the fund, whichever
is earlier. A firefighter who, as of the effective date of this
amendatory Act of the 93rd General Assembly, has not begun to
receive a pension under this Section or an occupational
disease disability pension under subsection (m) of this
Section and who has contributed 1/12th of 1% of monthly salary

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for each month of service credit that the firefighter has in
that fund (other than service credit for which the firefighter
has already paid the additional contribution required under
subsection (c) of Section 4-118.1), together with the required
interest thereon, in order to receive a pension under this
Section or an occupational disease disability pension under
subsection (m) of this Section, may elect, within one year
after the effective date of this amendatory Act of the 93rd
General Assembly to forfeit the benefits provided under this
Section and receive a refund of that contribution.
(j) A retired firefighter who is receiving pension
payments under Section 4-109 may reenter active service under
this Article. Subject to the provisions of Section 4-117, the
firefighter may receive credit for service performed after the
reentry if the firefighter (1) applies to receive credit for
that service, (2) suspends his or her pensions under this
Section, and (3) makes the contributions required under
subsection (i).
(k) A firefighter who is newly hired or promoted to a
position as a firefighter shall not be denied participation in
a fund under this Article based on his or her age.
(l) If a firefighter who elects to make contributions
under subsection (c) of Section 4-118.1 for the pension
benefits provided under this Section becomes entitled to a
disability pension under Section 4-110, the last pension fund
is responsible to pay that disability pension and the amount

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of that disability pension shall be based only on the
firefighter's service with the last pension fund.
(m) Notwithstanding any provision in Section 4-110.1 to
the contrary, if a firefighter who elects to make
contributions under subsection (c) of Section 4-118.1 for the
pension benefits provided under this Section becomes entitled
to an occupational disease disability pension under Section
4-110.1, each pension fund to which the firefighter has made
contributions under subsection (c) of Section 4-118.1 must pay
a portion of that occupational disease disability pension
equal to the proportion that the firefighter's service credit
with that pension fund for which the contributions under
subsection (c) of Section 4-118.1 have been made bears to the
firefighter's total service credit with all of the pension
funds for which the contributions under subsection (c) of
Section 4-118.1 have been made. A firefighter who has made
contributions under subsection (c) of Section 4-118.1 for at
least 5 years of creditable service shall be deemed to have met
the 5-year creditable service requirement under Section
4-110.1, regardless of whether the firefighter has 5 years of
creditable service with the last pension fund.
(n) If a firefighter who elects to make contributions
under subsection (c) of Section 4-118.1 for the pension
benefits provided under this Section becomes entitled to a
disability pension under Section 4-111, the last pension fund
is responsible to pay that disability pension, provided that

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the firefighter has at least 7 years of creditable service
with the last pension fund. In the event a firefighter began
employment with a new employer as a result of an
intergovernmental agreement that resulted in the elimination
of the previous employer's fire department, the firefighter
shall not be required to have 7 years of creditable service
with the last pension fund to qualify for a disability pension
under Section 4-111. Under this circumstance, a firefighter
shall be required to have 7 years of total combined creditable
service time to qualify for a disability pension under Section
4-111. The disability pension received pursuant to this
Section shall be paid by the previous employer and new
employer in proportion to the firefighter's years of service
with each employer.
(Source: P.A. 95-1032, eff. 2-17-09; 95-1036, eff. 2-17-09.)
Section 90. The State Mandates Act is amended by adding
Section 8.45 as follows:
(30 ILCS 805/8.45 new)
Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
Section 99. Effective date. This Act takes effect upon

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becoming law.".