Bill Text: IL HB4812 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that the final average salary of a person who first becomes a firefighter under the Article on or after January 1, 2011 shall be the greater of (1) the average monthly salary obtained by dividing the total salary of the firefighter during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period, or (2) the average monthly salary obtained by dividing the total salary of the firefighter during the 48 consecutive months of service within the last 60 months of service in which the total salary was the highest by the number of months of service in that period (currently, the final average salary is the average monthly salary obtained by dividing the total salary of the firefighter during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period). Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-04-13 - Rule 19(a) / Re-referred to Rules Committee [HB4812 Detail]

Download: Illinois-2017-HB4812-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4812

Introduced , by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:
40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-109
30 ILCS 805/8.42 new

Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that the final average salary of a person who first becomes a firefighter under the Article on or after January 1, 2011 shall be the greater of (1) the average monthly salary obtained by dividing the total salary of the firefighter during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period, or (2) the average monthly salary obtained by dividing the total salary of the firefighter during the 48 consecutive months of service within the last 60 months of service in which the total salary was the highest by the number of months of service in that period (currently, the final average salary is the average monthly salary obtained by dividing the total salary of the firefighter during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period). Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB100 18794 MJP 34033 b
FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

HB4812LRB100 18794 MJP 34033 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by changing
5Section 4-109 as follows:
6 (40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
7 Sec. 4-109. Pension.
8 (a) A firefighter age 50 or more with 20 or more years of
9creditable service, who is no longer in service as a
10firefighter, shall receive a monthly pension of 1/2 the monthly
11salary attached to the rank held by him or her in the fire
12service at the date of retirement.
13 The monthly pension shall be increased by 1/12 of 2.5% of
14such monthly salary for each additional month over 20 years of
15service through 30 years of service, to a maximum of 75% of
16such monthly salary.
17 The changes made to this subsection (a) by this amendatory
18Act of the 91st General Assembly apply to all pensions that
19become payable under this subsection on or after January 1,
201999. All pensions payable under this subsection that began on
21or after January 1, 1999 and before the effective date of this
22amendatory Act shall be recalculated, and the amount of the
23increase accruing for that period shall be payable to the

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1pensioner in a lump sum.
2 (b) A firefighter who retires or is separated from service
3having at least 10 but less than 20 years of creditable
4service, who is not entitled to receive a disability pension,
5and who did not apply for a refund of contributions at his or
6her last separation from service shall receive a monthly
7pension upon attainment of age 60 based on the monthly salary
8attached to his or her rank in the fire service on the date of
9retirement or separation from service according to the
10following 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 (c) Notwithstanding any other provision of this Article,
22the provisions of this subsection (c) apply to a person who
23first becomes a firefighter under this Article on or after
24January 1, 2011.
25 A firefighter age 55 or more who has 10 or more years of
26service in that capacity shall be entitled at his option to

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1receive a monthly pension for his service as a firefighter
2computed by multiplying 2.5% for each year of such service by
3his or her final average salary.
4 The pension of a firefighter who is retiring after
5attaining age 50 with 10 or more years of creditable service
6shall be reduced by one-half of 1% for each month that the
7firefighter's age is under age 55.
8 The maximum pension under this subsection (c) shall be 75%
9of final average salary.
10 For the purposes of this subsection (c), "final average
11salary" means the greater of (1) the average monthly salary
12obtained by dividing the total salary of the firefighter during
13the 96 consecutive months of service within the last 120 months
14of service in which the total salary was the highest by the
15number of months of service in that period, or (2) the average
16monthly salary obtained by dividing the total salary of the
17firefighter during the 48 consecutive months of service within
18the last 60 months of service in which the total salary was the
19highest by the number of months of service in that period.
20 Beginning on January 1, 2011, for all purposes under this
21Code (including without limitation the calculation of benefits
22and employee contributions), the annual salary based on the
23plan year of a member or participant to whom this Section
24applies shall not exceed $106,800; however, that amount shall
25annually thereafter be increased by the lesser of (i) 3% of
26that amount, including all previous adjustments, or (ii)

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1one-half the annual unadjusted percentage increase (but not
2less than zero) in the consumer price index-u for the 12 months
3ending with the September preceding each November 1, including
4all previous adjustments.
5(Source: P.A. 96-1495, eff. 1-1-11.)
6 Section 90. The State Mandates Act is amended by adding
7Section 8.42 as follows:
8 (30 ILCS 805/8.42 new)
9 Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
10of this Act, no reimbursement by the State is required for the
11implementation of any mandate created by this amendatory Act of
12the 100th General Assembly.
13 Section 99. Effective date. This Act takes effect upon
14becoming law.
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