Bill Amendment: IL SB0419 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PEN CD-DOWNSTATE FIREFIGHTER

Status: 2017-11-08 - Public Act . . . . . . . . . 100-0539 [SB0419 Detail]

Download: Illinois-2017-SB0419-House_Amendment_001.html

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Rep. Robert Martwick

Filed: 5/28/2017

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AMENDMENT TO SENATE BILL 419
AMENDMENT NO. ______. Amend Senate Bill 419 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Pension Code is amended by
changing Sections 4-108.5 and 6-164 as follows:
(40 ILCS 5/4-108.5)
Sec. 4-108.5. Service for providing certain fire
protection services.
(a) A firefighter for a participating municipality who was
employed as an active firefighter providing fire protection for
a village or incorporated town with a population of greater
than 10,000 but less than 11,000 located in a county with a
population of greater than 600,000 and less than 700,000, as
estimated by the United States Census on July 1, 2004, may
elect to establish creditable service for periods of that
employment in which the firefighter provided fire protection

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services for the participating municipality if, by May 1, 2007,
the firefighter (i) makes written application to the Board and
(ii) pays into the pension fund the amount that the person
would have contributed had deductions from salary been made for
this purpose at the time the service was rendered, plus
interest thereon at 6% per annum compounded annually from the
time the service was rendered until the date of payment.
(b) Time spent providing fire protection on a part-time
basis for a village or incorporated town with a population of
greater than 10,000 but less than 11,000 located in a county
with a population of greater than 600,000 and less than
700,000, as estimated by the United States Census on July 1,
2004, shall be calculated at the rate of one year of creditable
service for each 5 years of time spent providing such fire
protection, if the firefighter (i) has at least 5 years of
creditable service as an active firefighter, (ii) has at least
5 years of such service with a qualifying village or
incorporated town, (iii) applies for the creditable service
within 30 days after the effective date of this amendatory Act
of the 94th General Assembly, and (iv) contributes to the Fund
an amount representing employee contributions for the number of
years of creditable service granted under this subsection (b)
based on the salary and contribution rate in effect for the
firefighter at the date of entry into the fund, as determined
by the Board. The amount of creditable service granted under
this subsection (b) may not exceed 3 years.

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(c) This subsection applies only to a person who was first
employed by a municipality in 2008 to provide fire protection
services on a full-time basis as a firefighter or fire chief,
but was prevented from participating in a pension fund under
this Article until 2015 by reason of the employing
municipality's delay in establishing a pension fund as required
under this Article. Such a person may elect to establish
creditable service for periods of such employment by that
municipality during which he or she did not participate, by
applying to the board in writing and paying to the pension fund
the employee contributions that he or she would have made had
deductions from salary been made for employee contributions at
the time the service was rendered, together with interest
thereon at the rate of 6% per annum, compounded annually, from
the time the service was rendered to the date of payment;
except that the granting of such creditable service is
contingent upon the consent of the governing body of the
municipality and payment to the pension fund by the
municipality of the corresponding employer contributions, plus
interest.
For the purposes of Sections 4-109, 4-109.1, and 4-114, and
notwithstanding any other provision of this Article, for a
person who establishes creditable service under this
subsection (c), the date upon which the person first became a
participating firefighter under this Article shall be deemed to
be no later than the first day of employment for which such

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creditable service has been granted.
(Source: P.A. 97-813, eff. 7-13-12.)
(40 ILCS 5/6-164) (from Ch. 108 1/2, par. 6-164)
Sec. 6-164. Automatic annual increase; retirement after
September 1, 1959.
(a) For a person who first became a fireman under this
Article before January 1, 2011 (Tier 1):
(1) A fireman qualifying for a minimum annuity who
retires from service after September 1, 1959 shall, upon
either the first of the month following the first
anniversary of his date of retirement if he is age 60 (age
55 if born before January 1, 1966) or over on that
anniversary date, or upon the first of the month following
his attainment of age 60 (age 55 if born before January 1,
1966) if that occurs after the first anniversary of his
retirement date, have his then fixed and payable monthly
annuity increased by 1 1/2%, and such first fixed annuity
as granted at retirement increased by an additional 1 1/2%
in January of each year thereafter up to a maximum increase
of 30%. Beginning July 1, 1982 for firemen born before
January 1, 1930, and beginning January 1, 1990 for firemen
born after December 31, 1929 and before January 1, 1940,
and beginning January 1, 1996 for firemen born after
December 31, 1939 but before January 1, 1945, and beginning
January 1, 2004, for firemen born after December 31, 1944

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but before January 1, 1955, and beginning January 1, 2017,
for firemen born after December 31, 1954 but before January
1, 1966, such increases shall be 3% and such firemen shall
not be subject to the 30% maximum increase.
(2) Any fireman born before January 1, 1945 who
qualifies for a minimum annuity and retires after September
1, 1967 but has not received the initial increase under
this subsection before January 1, 1996 is entitled to
receive the initial increase under this subsection on (1)
January 1, 1996, (2) the first anniversary of the date of
retirement, or (3) attainment of age 55, whichever occurs
last. The changes to this Section made by this amendatory
Act of 1995 apply beginning January 1, 1996 and apply
without regard to whether the fireman or annuitant
terminated service before the effective date of this
amendatory Act of 1995.
(3) Any fireman born before January 1, 1955 who
qualifies for a minimum annuity and retires after September
1, 1967 but has not received the initial increase under
this subsection before January 1, 2004 is entitled to
receive the initial increase under this subsection on (1)
January 1, 2004, (2) the first anniversary of the date of
retirement, or (3) attainment of age 55, whichever occurs
last. The changes to this Section made by this amendatory
Act of the 93rd General Assembly apply without regard to
whether the fireman or annuitant terminated service before

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the effective date of this amendatory Act.
(4) Any fireman born before January 1, 1966 who
qualifies for a minimum annuity and retires after September
1, 1967 but has not received the initial increase under
this subsection before January 1, 2017 is entitled to
receive an initial increase under this subsection (a) on
(1) January 1, 2017, (2) the first anniversary of the date
of retirement, or (3) attainment of age 55, whichever
occurs last, in an amount equal to 3% for each complete
year following the date of retirement or attainment of age
55, whichever occurs later. This subdivision (4) does not
prohibit any qualified fireman from choosing to have his or
her eligibility for and the amount of the initial increase
in retirement annuity determined in accordance with
subdivision (1) or (5) of this subsection.
The changes to this subsection made by Public Act
99-905 this amendatory Act of the 99th General Assembly
apply without regard to whether the fireman or annuitant
terminated service before November 29, 2016 (the effective
date of Public Act 99-905) this amendatory Act.
(5) A fireman born before January 1, 1966 who qualifies
for a minimum annuity and retires after September 1, 1967
but has not received the initial increase under this
subsection before January 1, 2018 is entitled to receive
the initial increase under this subsection on (1) January
1, 2018, (2) the first anniversary of the date of

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retirement, or (3) attainment of age 55, whichever occurs
last. This subdivision (5) does not prohibit any qualified
fireman from choosing to have his or her eligibility for
and the amount of the initial increase in retirement
annuity determined in accordance with subdivision (1) or
(4) of this subsection.
(6) A fireman born on or after January 1, 1955 whose
eligibility for and the amount of the initial increase in
retirement annuity was determined, calculated, and granted
under subdivision (1) of this subsection on or after
January 1, 2010 and before November 29, 2016 (the effective
date of Public Act 99-905) shall receive a one-time
adjustment in his or her retirement annuity on January 1,
2018, equal to (i) 1.5% of the original fixed annuity for
each annual increase in that annuity that was calculated at
1.5% instead of 3%, plus (ii) 3% of the original fixed
annuity for each annual increase in that annuity that was
lost because the eligibility requirement under that
subdivision was age 60 rather than age 55 due to the
delayed extension of the age 55 provision.
(7) A fireman born before January 1, 1966 whose
eligibility for and the amount of the initial increase in
retirement annuity was determined, calculated, and granted
under subdivision (4) of this subsection on or after
November 29, 2016 (the effective date of Public Act 99-905)
and before the effective date of this amendatory Act of the

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100th General Assembly shall receive a one-time adjustment
in his or her retirement annuity on January 1, 2018, equal
to 3% of the original fixed annuity, representing the loss
of the traditional increase on the January 1 following the
first anniversary of retirement, due to the "complete year"
language that was included in subdivision (4).
(8) It is the purpose of this amendatory Act of the
100th General Assembly to clarify the intended application
of subdivisions (1) and (4) of this subsection (a), as
amended by Public Act 99-905, and to grant a one-time
adjustment in certain retirement annuities that have
already received the initial increase. The changes to this
Section made by this amendatory Act apply without regard to
whether the fireman or annuitant terminated service before
the effective date of this amendatory Act.
(b) Subsection (a) of this Section is not applicable to an
employee receiving a term annuity.
(c) To help defray the cost of such increases in annuity,
there shall be deducted, beginning September 1, 1959, from each
payment of salary to a fireman, 1/8 of 1% of each such salary
payment and an additional 1/8 of 1% beginning on September 1,
1961, and September 1, 1963, respectively, concurrently with
and in addition to the salary deductions otherwise made for
annuity purposes.
Each such additional 1/8 of 1% deduction from salary which
shall, on September 1, 1963, result in a total increase of 3/8

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of 1% of salary, shall be credited to the Automatic Increase
Reserve, to be used, together with city contributions as
provided in this Article, to defray the cost of the annuity
increments specified in this Section. Any balance in such
reserve as of the beginning of each calendar year shall be
credited with interest at the rate of 3% per annum.
The salary deductions provided in this Section are not
subject to refund, except to the fireman himself in any case in
which: (i) the fireman withdraws prior to qualification for
minimum annuity or Tier 2 monthly retirement annuity and
applies for refund, (ii) the fireman applies for an annuity of
a type that is not subject to annual increases under this
Section, or (iii) a term annuity becomes payable. In such
cases, the total of such salary deductions shall be refunded to
the fireman, without interest, and charged to the
aforementioned reserve.
(d) Notwithstanding any other provision of this Article,
the Tier 2 monthly retirement annuity of a person who first
becomes a fireman under this Article on or after January 1,
2011 shall be increased on the January 1 occurring either on or
after (i) the attainment of age 60 or (ii) the first
anniversary of the annuity start date, whichever is later. Each
annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the

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originally granted retirement annuity. If the annual
unadjusted percentage change in the consumer price index-u for
a 12-month period ending in September is zero or, when compared
with the preceding period, decreases, then the annuity shall
not be increased.
For the purposes of this subsection (d), "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100. The new amount resulting from each
annual adjustment shall be determined by the Public Pension
Division of the Department of Insurance and made available to
the boards of the pension funds by November 1 of each year.
(Source: P.A. 99-905, eff. 11-29-16.)
Section 90. The State Mandates Act is amended by adding
Section 8.41 as follows:
(30 ILCS 805/8.41 new)
Sec. 8.41. 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 100th General Assembly.
Section 99. Effective date. This Act takes effect upon

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becoming law.".