|
amount determined
under item (1); and |
(3) any interest paid by the applicant in order to |
reinstate service. |
Participation in the police pension fund with respect to |
the transferred creditable service shall terminate on the date |
of transfer. |
(b) At the time of applying for transfer of creditable |
service under this Section, an active member of an Article 4 |
firefighters' pension fund may, for the purpose of that |
transfer, reinstate creditable service that was
terminated by |
receipt of a refund, by payment to the police pension fund of |
the
amount of the refund with interest thereon at the rate of |
6% per year,
compounded annually, from the date of the refund |
to the date of payment.
|
(40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
|
Sec. 4-108. Creditable service.
|
(a) Creditable service is the time served as a firefighter |
of a
municipality. In computing creditable service, furloughs |
and leaves of
absence without pay exceeding 30 days in any one |
year shall not be counted,
but leaves of absence for illness or |
accident regardless of length, and
periods of disability for |
which a firefighter received no disability
pension payments |
under this Article, shall be counted.
|
(b) Furloughs and leaves of absence of 30 days or less in |
any one year may
be counted as creditable service, if the |
|
firefighter makes the contribution
to the fund that would have |
been required had he or she not been
on furlough or leave of |
absence. To qualify for this creditable service,
the |
firefighter must pay the required contributions to the fund not |
more
than 90 days subsequent to the termination of the furlough |
or leave of
absence, to the extent that the municipality has |
not made such contribution
on his or her behalf.
|
(c) Creditable service includes:
|
(1) Service in the military, naval or air forces of the
|
United States entered upon when the person was an active
|
firefighter, provided
that, upon applying for a permanent |
pension, and in accordance with the
rules of the board the |
firefighter pays into the fund the amount that would
have |
been contributed had he or she been a regular contributor |
during such
period of service, if and to the extent that |
the municipality which the
firefighter served made no such |
contributions in his or her behalf. The
total amount of |
such creditable service shall not exceed 5 years, except
|
that any firefighter who on July 1, 1973 had more than 5 |
years of such
creditable service shall receive the total |
amount thereof as of that date.
|
(1.5) Up to 24 months of service in the military, |
naval, or air forces of the United States that was served |
prior to employment by a municipality or fire protection |
district as a firefighter. To receive the credit for the |
military service prior to the employment as a firefighter, |
|
the firefighter must apply in writing to the fund and must |
make contributions to the fund equal to (i) the employee |
contributions that would have been required had the service |
been rendered as a member, plus (ii) an amount determined |
by the fund to be equal to the employer's normal cost of |
the benefits accrued for that military service, plus (iii) |
interest at the actuarially assumed rate provided by the |
Department of Financial and Professional Regulation, |
compounded annually from the first date of membership in |
the fund to the date of payment on items (i) and (ii). The |
changes to this paragraph (1.5) by this amendatory Act of |
the 95th General Assembly apply only to participating |
employees in service on or after its effective date.
|
(2) Service prior to July 1, 1976 by a firefighter |
initially excluded
from participation by reason of age who |
elected to participate and paid
the required contributions |
for such service.
|
(3) Up to 8 years of service by a firefighter as an |
officer in a statewide
firefighters' association when he is |
on a leave of absence from a
municipality's payroll, |
provided that (i) the firefighter has at least 10
years of |
creditable service as an active firefighter, (ii) the |
firefighter
contributes to the fund the amount that he |
would have contributed had he
remained an active member of |
the fund, (iii) the employee or statewide
firefighter |
association contributes to the fund an amount equal to the
|
|
employer's required contribution as determined by the |
board, and (iv) for all leaves of absence under this |
subdivision (3), including those beginning before the |
effective date of this amendatory Act of the 97th General |
Assembly, the firefighter continues to remain in sworn |
status, subject to the professional standards of the public |
employer or those terms established in statute.
|
(4) Time spent as an on-call fireman for a |
municipality,
calculated at the rate of one year of |
creditable service for each 5 years
of time spent as an |
on-call fireman, provided that (i) the firefighter has
at |
least 18 years of creditable service as an active |
firefighter, (ii) the
firefighter spent at least 14 years |
as an on-call firefighter for the
municipality, (iii) the |
firefighter applies for such creditable service
within 30 |
days after the effective date of this amendatory Act of |
1989,
(iv) the firefighter contributes to the Fund an |
amount representing
employee contributions for the number |
of years of creditable service
granted under this |
subdivision (4), based on the salary and contribution
rate |
in effect for the firefighter at the date of entry into the |
Fund, to
be determined by the board, and (v) not more than |
3 years of creditable
service may be granted under this |
subdivision (4).
|
Except as provided in Section 4-108.5, creditable |
service shall not
include time
spent as a volunteer |
|
firefighter, whether or not any compensation was received
|
therefor. The change made in this Section by Public Act |
83-0463 is intended
to be a restatement and clarification |
of existing law, and does not imply
that creditable service |
was previously allowed under this Article for time
spent as |
a volunteer firefighter.
|
(5) Time served between July 1, 1976 and July 1, 1988 |
in
the position of protective inspection officer or |
administrative assistant
for fire services, for a |
municipality with a population under 10,000 that is
located |
in a county with a population over 3,000,000 and that |
maintains a
firefighters' pension fund under this Article, |
if the position included
firefighting duties, |
notwithstanding that the person may not have held an
|
appointment as a firefighter, provided that application is |
made to the
pension fund within 30 days after the effective |
date of this amendatory Act
of 1991, and the corresponding |
contributions are paid for the number of
years of service |
granted, based upon the salary and contribution rate in
|
effect for the firefighter at the date of entry into the |
pension fund, as
determined by the Board.
|
(6) Service before becoming a participant by a |
firefighter initially
excluded from participation by |
reason of age who becomes a participant
under the amendment |
to Section 4-107 made by this amendatory Act of 1993 and
|
pays the required contributions for such service.
|
|
(7) Up to 3 years of time during which the firefighter |
receives a
disability pension under Section 4-110, |
4-110.1, or 4-111, provided that (i)
the firefighter |
returns to active service after the disability for a period |
at
least equal to the period for which credit is to be |
established and (ii) the
firefighter makes contributions |
to the fund based on the rates specified in
Section 4-118.1 |
and the salary upon which the disability pension is based.
|
These contributions may be paid at any time prior to the |
commencement of a
retirement pension. The firefighter may, |
but need not, elect to have the
contributions deducted from |
the disability pension or to pay them in
installments on a |
schedule approved by the board. If not deducted from the
|
disability pension, the contributions
shall include |
interest at the rate of 6% per year, compounded annually, |
from
the date for which service credit is being established |
to the date of payment.
If contributions are paid under |
this subdivision (c)(7) in excess of those
needed to |
establish the credit, the excess shall be refunded. This
|
subdivision (c)(7) applies to persons receiving a |
disability pension under
Section 4-110, 4-110.1, or 4-111 |
on the effective date of this amendatory Act
of the 91st |
General Assembly, as well as persons who begin to receive |
such a
disability pension after that date.
|
(8) Up to 6 years of service as a police officer and |
participant in an Article 3 police pension fund |
|
administered by the unit of local government that employs |
the firefighter under this Article, provided that the |
service has been transferred to, and the required payment |
received by, the Article 4 fund in accordance with Section |
3-110.12 of this Code. |
(Source: P.A. 97-651, eff. 1-5-12.)
|
(40 ILCS 5/4-108.6) |
Sec. 4-108.6. Transfer of creditable service to the |
Firemen's Annuity and Benefit Fund of Chicago. |
(a) Until 6 months after the effective date of this |
amendatory Act of the 100th General Assembly, January 1, 2010, |
any active member of the Firemen's Annuity and Benefit Fund of |
Chicago may apply for transfer of up to 10 years of creditable |
service accumulated in any pension fund established under this |
Article to the Firemen's Annuity and Benefit Fund of Chicago. |
Such creditable service shall be transferred only upon payment |
by such pension fund to the Firemen's Annuity and Benefit Fund |
of Chicago of an amount equal to: |
(1) the amounts accumulated to the credit of the |
applicant on the books of the fund on the date of transfer; |
(2) employer contributions in an amount equal to the |
amount determined under subparagraph (1); and |
(3) any interest paid by the applicant in order to |
reinstate service. |
Participation in such pension fund as to any credits |
|
transferred under this Section shall terminate on the date of |
transfer. |
(b) An active member of the Firemen's Annuity and Benefit |
Fund of Chicago applying for a transfer of creditable service |
under subsection (a) may reinstate credits and creditable |
service terminated upon receipt of a refund by payment to the |
Firemen's Annuity and Benefit Fund of Chicago of the amount of |
the refund with interest thereon at the actuarially assumed |
rate, compounded annually, from the date of the refund to the |
date of payment.
|
(Source: P.A. 96-727, eff. 8-25-09.)
|
(40 ILCS 5/6-227) |
Sec. 6-227. Transfer of creditable service from Article 4. |
Until 6 months after the effective date of this amendatory Act |
of the 100th General Assembly, January 1, 2010, any active |
member of the Firemen's Annuity and Benefit Fund of Chicago may |
transfer to the Fund up to a total of 10 years of creditable |
service accumulated under Article 4 of this Code upon payment |
to the Fund within 5 years after the date of application of an |
amount equal to the difference between the amount of employee |
and employer contributions transferred to the Fund under |
Section 4-108.6 and the amounts determined by the Fund in |
accordance with this Section, plus interest on that difference |
at the actuarially assumed rate, compounded annually, from the |
date of service to the date of payment. |
|
The Fund must determine the fireman's payment required to |
establish creditable service under this Section by taking into |
account the appropriate actuarial assumptions, including |
without limitation the fireman's service, age, and salary |
history; the level of funding of the Fund; and any other |
factors that the Fund determines to be relevant. For this |
purpose, the fireman's required payment should result in no |
significant increase to the Fund's unfunded actuarial accrued |
liability determined as of the most recent actuarial valuation, |
based on the same assumptions and methods used to develop and |
report the Fund's actuarial accrued liability and actuarial |
value of assets under Statement No. 25 of Governmental |
Accounting Standards Board or any subsequent applicable |
Statement.
|
(Source: P.A. 96-727, eff. 8-25-09.)
|
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 |
becoming law.
|
